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<br />servant of the STATE. The BORROWER' shall be solely and entirely responsible for its acts and the
<br />acts of its agents, employees, servants, engineering firms, construction firms, and' subcontractors
<br />during the performance of this contract. '
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<br />4. Complete Integration Of All Understandings. This agreement is intended as the complete
<br />integration of all understandings between the parties. No prior or contemporaneous addition,
<br />deletion, or other amendment hereto shall have any force or effect whatsoever unless embodied
<br />herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto
<br />shall have any force or effect unless embodied in a written contract executed and approved pursuant
<br />to STATE fiscal rules, with the exception of the Revision Letter as described in the Changes Provision
<br />of this contract.
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<br />5. In Event Of A Conflict. In the event of conflict between the terms of this contract and conditions as
<br />set forth in any of the appendices, the provisions of this contract shall control.
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<br />6. Eligible Expenses. PROJECT costs eligible for financing by the STATE shall be limited to the cost of:
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<br />a. Preparing final designs and specifications for the PROJECT.
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<br />b. Preparing bid and construction contract documents.
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<br />c. Preparing environmental assessment or environmental impact statements, and otherwise
<br />complying with the Federal National Environmental Policy Act.
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<br />d. Complying with all federal, state, and local regulatory requirements, including the obtaining of all
<br />required permits.
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<br />e. ,Fish and wildlife mitigation measures required by federal, state, or local laws and regulations.
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<br />f. Actual construction as called for in the design documents and in change orders approved by the
<br />STATE, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM.
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<br />g. Engineering services for construction management, including design and construction
<br />management for STATE-approved change orders.
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<br />h. Legal services for reviewing engineering services contracts, reviewing this contract, reviewing
<br />construction contract documents, and for complying with all federal, state, and local regulatory
<br />requirements. Legal services must be approved by the STATE in writing and in advance to be
<br />eligible for financing by the STATE. '
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<br />6. STATE May Release Contract. In its sole discretion, the STATE may at any time give any consent,
<br />deferment, subordination, release, satisfaction, or termination of any or all of the BORROWER'S
<br />obligations under this contract, with valuable consideration, upon such terms and conditions as the
<br />STATE may determine to be advisable to further the purposes of this contract or to protect the
<br />STATE'S financial interest therein, and consistent with both the statutory purposes of this contract and
<br />the limitations of the statutory authority under which it is made.
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<br />7. Casualty And Eminent Domain. If, at any time, during the term of this contract, (a) the
<br />BORROWER'S PROJECT facilities including buildings or any portion thereof, are damaged or destroyed,
<br />in whole or in part, by fire or other casualty, or (b) title to or use of the PROJECT facilities or any part
<br />thereof shall be taken under the exercise of the power of eminent domain, the BORROWER shall
<br />cause the net proceeds of any insurance claim or condemnation award to be applied to the prompt
<br />replacement, repair and restoration of the PROJECT facilities or any portion thereof, or to repayment
<br />of this loan. Any net proceeds remaining after such work has been completed shall be retained by
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<br />Leroux Creek Water Users' Association.
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<br />Loan Contract
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