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<br />LOAII CONTRACT <br />Windsor Reservoir and Canal Co. <br />Emergency Loan <br /> <br />Change Orders approved by the Consultant, the Borrower, the <br />Construction Firm, and the State. <br /> <br />(8) Engineering services for construction management, including design <br />and construction management for State-approved Change Orders. <br /> <br />(9) Legal services for reviewing engineering services contracts, reviewing <br />this contract, reviewing construction contract documents, acquiring the land <br />and water rights needed for the project, and for complying with all Federal, <br />State, and local regulatory requirements. Legal services must be approved <br />by the State in writing before they are rendered to be eligible for payment <br />by the State. <br /> <br />2. (Adhere to applicable laws): Shall strictly adhere to all applicable Federal, <br />State, and local laws and regulations that have been or may hereafter be established. <br /> <br />----------------------------------~------------------------------------------------------------------------------- <br /> <br />D. Other Provisions <br /> <br />L (The Colorado Water Conservation Board is designated agent of the State): <br />The Colorado Water Conservation Board, its agents and employees, is hereby <br />designated as the agent of the State for the purpose of this contract. <br /> <br />2. (Contract is not assignable): This contract is not assignable by the Borrower <br />except with the prior written approval of the State. <br /> <br />3. (Contract relationship is that of lender-borrower): The parties to this contract <br />intend that the relationship between them contemplated by this contract is that of <br />lender-borrower, not employer-employee. No agent, employee, or servant of the <br />Borrower shall be, or shall be deemed to be, an employee, agent, or servant of the <br />State. The Borrower will be solely and entirely responsible for its acts and the acts of <br />its agents, employees, servants, engineering firms, construction firms, and subcontractors <br />during the performance of this contract. <br /> <br />4, (Contract is a complete integration of all understandings): This agreement is <br />intended as the complete integration of all understandings between the parties. No <br />prior or contemporaneous addition, deletion, or other amendment hereto shall have any <br />force or effect whatsoever unless embodied herein in writing. No subsequent notation, <br />renewal, addition, deletion, or other amendment hereto shall have any force or effect <br />unless embodied in a written contract executed and approved pursuant to State fiscal <br />rules. <br /> <br />Page ~ of 13 Pages <br />