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<br />;.. ') <br /> <br />7. In Event Of A Conflict. In the event of conflict between the terms of this contract and conditi.ons.. <br />as set forth in any of the appendices, the provisions of this contract shall control. <br /> <br />8. CWCS May Release Contract. In its sole discretion, the CWCB may at any time give any <br />consent, deferment, subordination, release, satisfaction, or termination of any or all of the <br />BORROWER'S obligations under this contract, with valuable consideration, upon such terms and <br />conditions as the CWCB may determine to be advisable to further the purposes of this contract or <br />to protect the CWCB's financial interest therein, and consistent with both the statutory purposes of <br />this Contract and the limitations of the statutory authority under which it is made. <br /> <br />9. Casualty and Eminent Domain. 11, at any time, during the term 01 this contract, (a) the' <br />BORROWER'S PROJECT facilities, including buildings or any portion thereof, are damaged or <br />destroyed, in whole or in part, by lire or other casualty, or (b) title to or use of the PROJECT <br />facilities or any part thereof shall be taken under the exercise of the power of eminent domain, the <br />BORROWER shall cause the net proceeds of any insurance claim or condemnation award to be <br />applied to the prompt replacement, repair and restoration 01 the PROJECT lacilities or any portion <br />thereof, or to repayment of this loan. Any net proceeds remaining after such work has been <br />completed or this loan has been repaid, shall be retained by the BORROWER. If the net insurance <br />proceeds are insufficient to pay the full cost of the replacement, repair and restoration, the <br />BORROWER shall complete the work and pay any cost in excess of the net proceeds. In the event <br />BORROWER opts to repay the loan, BORROWER shall remain responsible lor the lull loan amount <br />outstanding regardless of the amount of such insurance proceeds or condemnation award. <br /> <br />10. Captions. The captions and headings contained in this contract are for convenience a,10 <br />reference only and shall not be construed so as to define or limit the terms or provisions <br />contracted herein. <br /> <br />11. CWCS's Approval. This contract requires review and approval of plans, specifications, and <br />various other technical and legal documents. The CWCB's review of these documents is only for <br />the purpose of verifying BORROWER'S compliance with this Contract and shall not be construed or <br />interpreted as a technical review or approval of the actual design or construction of the PROJECT. <br />Notwithstanding any consents or approvals given to the BORROWER by the CWCB on any suen <br />documents, BORROWER shall ::>e solely responsible for the accuracy and completeness of such <br />documents. <br /> <br />12. Waiver. The waiver of any breach of a term of this contract shall not be construed as a waiver of <br />any other term, or of any subsequent breach of the same term. <br /> <br />13. Addresses for mailing. All notices, correspondence, or other documents required by this <br />contract shall be delivered or mailed to the addresses shown in the Section 1 (Borrower <br />Information) 01 the Project Summary, lor the BORROWER and to the address below for the <br />CWCB: <br /> <br />Colorado Water Conservation Board <br />Alln: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />D. SPECIAL PROVISIONS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these <br />Special Provisions in every STATE contract, including grants. <br /> <br />West Rhone Lateral Ditch Company <br /> <br />Page 8 of 11 <br /> <br />Loan Contract <br />