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<br />" ' <br /> <br />'; <br />"., ,-:"") <br /> <br />LOAII CONTRACT <br />"indsor Reservoir and Canal Co. <br />Emergency Loan <br /> <br />2. (Contract with a responsible and capable construction firm): Contract for the <br />construction of the emergency work to a responsible and capable firm or firms <br />(hereinafter referred to as Construction Firm or Firms), which Construction Firms will <br />be selected by the Borrower and found acceptable by the State before work under this <br />emergency contract begins. <br /> <br />3. (Require construction firm and subcontractors to indemnity the State): <br />Require all Construction Firms and their subcontractors to indemnify the State and the <br />Borrower against all liability and loss, and against all claims and actions based upon or <br />arising out of damage or injury, including death, to persons or property, caused by any <br />acts or omissions of those parties or sustained in connection with the performance of <br />any contract related to the project or by conditions created thereby, or based upon any <br />violation of any statute, ordinance, or regulation, and the defense of any such claims or <br />actions. <br /> <br />4. (Hold the State harmless from any liability, and maintain liability insurance <br />coverage): Without expense to the State, manage, operate, and maintain the project <br />continuously in an efficient and economical manner, and assume all legal liability for <br />such management, operation, and maintenance. The Borrower agrees to indemnify and <br />hold the State harmless from any liability incurred by the State as a result of the State's <br />interest in the project facilities and any other property identified in the Deed of Trust <br />provisions of this contract, paragraph A.7. The Borrower shall maintain comprehensive <br />general liability insurance covering the management, operation, and maintenance of the <br />project until it completes repayment to the State, in at least the following amounts: <br /> <br />a. For any injury to one person in any single occurrence, the sum of One <br />Hundred Fifty Thousand Dollars ($150,000). <br /> <br />b. For any injury to two or more persons in any single occurrence, the sum <br />of Four Hundred Thousand Dollars ($400,000). <br /> <br />c. For any damage to property, the sum of Four Hundred Thousand <br />Dollars ($400,000) for each occurrence. <br /> <br />Said general liability insurance shall name the State as a co-insured. A <br />copy of a certificate of said liability insurance must be filed with the State. <br />Such certificate shall be incorporated herein as part of this contract. <br /> <br />5. (Adopt a resolution authorizing Borrower to contract for this loan and to <br />provide security for its repayment): Pursuant to its Articles of Incorporation and to its <br />By-laws, have its Board of Directors adopt an order or a resolution: <br /> <br />Page 2 ot ~ Pages <br />