C153796 Contract - Laserfiche WebLink

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20. No Discrimination Of Services. The services of said PROJECT shall be made available within its capacity and in accordance with all pertinent statutes, rules and regulations, and operational guidelines to all persons in the BORROWER'S service area without discrimination as to race, color, religion, or national origin at reasonable charges (including assessments or fees), whether for one or more classes of service, in accordance with a schedule of such charges formally adopted by the BORROWER, as may be modified from time to time. B. The STATE agrees as follows: 1. Agreement To Loan Money. The STATE agrees to loan to the BORROWER an amount up to $143,000, not to exceed 75% of the actual PROJECT costs, at an interest rate of 3.75% per annum for a term of thirty years. 2. Disbursements. After receipt of the periodic progress report from the BORROWER, and review and acceptance of the items therein as eligible expenses as described below, the STATE will pay to the BORROWER the amount set forth in the report or such portion that has been approved by the STATE. The STATE shall make such payment within thirty (30) days from the STATE'S approval of each progress report. 3. Release After Loan Is Repaid. Upon complete repayment to the STATE of the entire principal and any accrued interest as specified in the promissory note, the STATE agrees to execute releases of the security agreement and the Assignment of Deposit Account as Security to convey to the BORROWER all of the STATE'S right, title, and interest in and to the security provided for this loan, to file a UCC-3 form with the Secretary of State to terminate all of the STATE'S rights in and to the security provided for this loan, and to release to the BORROWER any unused funds contained in the CD ACCOUNT. C. The STATE and the BORROWER mutually agree as follows: 1. Designated Agent Of The STATE. The CWCB, which includes its agents and employees, is hereby designated as the agent of the STATE for the purpose of this contract. 2. Contract Is Not Assignable. This contract is not assignable by the BORROWER except with the prior written approval of the STATE. 3. Contract Relationship. The parties to this contract intend that the relationship between them contemplated by this contract is that of lender-borrower, not employer-employee. No agent, employee, or servant of the BORROWER shall be, or shall be deemed to be, an employee, agent, or servant of the STATE. The BORROWER shall be solely and entirely responsible for its acts and the acts of its agents, employees, servants, engineering firms, construction firms, and subcontractors during the performance of this contract. 4. Complete Integration Of All Understandings. This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to STATE fiscal rules, with the exception of the Revision Letter as described in the Changes Provision of this contract. 5. In Event Of A Conflict. In the event of conflict between the terms of this contract and conditions The Hawkeye Lateral Ditch Company Page 8 of 13 Loan Contract