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<br />e. Land and water rights acquIsitions needed for the PROJECT, including the necessary <br />appraisals and evaluations. <br /> <br />f. Fish and wildlife mitigation measures required by federal, state, or local laws and <br />regulations. <br /> <br />g. Actual construction as called for in the design documents and in change orders approved <br />by the STATE, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM. <br /> <br />h. Engineering services for construction management, including design and construction <br />management for STATE-approved change orders. <br /> <br />i. 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 in advance by the STATE in <br />writing to be eligible for financing by the STATE. <br /> <br />-7. STATE may release contract at its option. In its sole discretion, the STATE lJ1ay at any time <br />give any consent, deferment, subordination, release, satisfaction, or termination of any or all of the <br />TOWN'S and/or BORROWER'S obligations under this contract, with valuable consideration, upon such <br />terms and conditions as the STATE may determine to be: <br /> <br />a. advisable to further the purposes of this contract or to protect the STATE'S financial interest <br />therein, and <br /> <br />b. consistent with both the statutory purposes of this contract and the limitations of the <br />statutory authority under which it is made. <br /> <br />8. Casualty and eminent domain. If, at any time, during the term of this contract, (al 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 (bl 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 cause <br />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. Any net proceeds <br />remaining after such work has been completed shall be paid to the BORROWER. If the net proceeds <br />are insufficient to pay the full cost of the replacement, repair and restoration, the BORROWER shall <br />complete the work and pay any cost in excess of the net proceeds. <br /> <br />9. Services of PROJECT available without discrimination. The TOWN and the BORROWER shall <br />make the services of said PROJECT available within its capacity to all qualified persons in the <br />BORROWER'S service area without discrimination as to race, color, religion, or natural origin at <br />reasonable charges (including assessments, taxes, or fees), whether for one or more classes of <br />service, in accordance with a schedule of such charges formally adopted by the TOWN and/or the <br />BORROWER through their ordinances or resolutions. <br /> <br />10. Captions. That the captions and headings contained in this contract are for convenience <br />and reference only and shall not be construed so as to define or limit the terms or provisions <br />contracted herein. <br /> <br />11. STATE'S approval. This contract requires review and approval of plans, specifications, and <br />various other technical and legal documents. The STATE'S review of these documents is only for the <br /> <br />Town of Johnstown Water Activity Enterprise <br />& Town of Johnstown Page 10 of 14 <br /> <br />Loan Contract <br />