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<br />/.-.,
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<br />them contemplated by this contract is that of lender-borrower, not employer-employee. No
<br />agent, employee, or servant of the BORROWER shall be, or shall be deemed to be, an
<br />employee, agent, or servant of the STATE. The BORROWER shall be solely and entirely
<br />responsible for its acts and the acts of its agents, employees, servants, engineering firms,
<br />construction firms, and subcontractors during the performance of this contract.
<br />
<br />4. Complete Integration Of All Understandings. This agreement is intended as the
<br />complete integration of all understandings between the parties. No prior or
<br />contemporaneous addition, deletion, or other amendment hereto shall have any force or
<br />effect whatsoever unless embodied herein in writing. No subsequent novation, renewal,
<br />addition, deletion, or other amendment hereto shall have any force or effect unless
<br />embodied in a written contract executed and approved pursuant to STATE fiscal rules, with
<br />the exception of the Revision Letter as described in the Changes Provision of this contract.
<br />
<br />5. In Event Of A Conflict. In the event of conflict between the terms of this contract and
<br />conditions as set forth in any of the appendices, the provisions of this contract shall control.
<br />
<br />6. Eligible Expenses. PROJECT costs eligible for financing by the STATE shall be limited to the
<br />cost of:
<br />
<br />a. Preparing final designs and specifications for the PROJECT.
<br />b. Preparing bid and construction contract documents.
<br />
<br />c. Preparing environmental assessment or environmental impact statements, and
<br />otherwise complying with the Federal National Environmental Policy Act.
<br />
<br />d. Complying with all federal, state, and local regulatory requirements, including the
<br />obtaining of all required permits.
<br />
<br />e. Fish and wildlife mitigation measures required by federal, state, or local laws and
<br />regulations.
<br />
<br />f. Actual construction as called for in the design documents and in change orders
<br />approved by the STATE, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM.
<br />
<br />g. Engineering services for construction management, including design and construction
<br />management for STATE-approved change orders.
<br />
<br />h. Legal services for reviewing engineering services contracts, reviewing this contract,
<br />reviewing construction contract documents, and for complying with all federal, state, and
<br />local regulatory requirements. Legal services must be approved by the STATE in writing
<br />and in advance to be eligible for financing by the STATE.
<br />
<br />i. Repayment of any principal amount borrowed under Loan Contract C153854, dated
<br />March 22,1999, between the BORROWER and the STATE.
<br />
<br />6. STATE May Release Contract. In its sole discretion, the STATE 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
<br />
<br />Leroux.Creek Water Users' Association
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<br />Loan Contract
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