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<br />. <br /> <br />- <br /> <br />for completion of the PROJECT may be extended subject to the approval of the CWCB. The <br />BORROWER must provide, in writing, documented justification for any request for extension <br />sixty (60) days prior to the end of the period for completion. The CWCB will provide to the <br />Borrower within thirty (30) days following receipt of the Borrower's request, a letter of approval <br />or denial of the request for extension of time for completion. <br /> <br />3, Indemnification By The CONSTRUCTION FIRM. The BORROWER shall require all CONSTRUCTION <br />FIRMS and their subcontractors to indemnify the CWCB and the BORROWER against all liability <br />and loss, and against all claims and actions based upon or arising out of damage or injury, <br />including death, to persons or property, caused by any acts or omissions of those parties or <br />sustained in connection with the performance of any contract related to the PROJECT or by <br />conditions created thereby, or based upon any vioiation of any statute, ordinance, or <br />regulation, and the defense of any such claims or actions. <br /> <br />4. Liability Insurance During Construction. The BORROWER shall require the CONSTRUCTION <br />FIRM and its subcontractors to maintain, during the term of their contracts for construction of <br />the PROJECT, the following insurance with a company that is satisfactory to the CWCB: <br /> <br />a, Worker's compensation and employer's liability insurance in the required statutory <br />amounts. <br /> <br />b. Automobile liability insurance which includes coverage for all owned, non-owned and hired <br />vehicles with minimum limits of $1,000,000 combined single limit for bodily injury and <br />property damage. <br /> <br />c. Commercial general liability insurance with minimum limits of $1 ,000,000 combined single <br />limit for each occurrence and $2,000,000 general aggregate. This insurance coverage <br />shall include products/completed operations and personal injury. <br /> <br />d. Builder's risk insurance for construction in progress for all perils of loss including fire, wind, <br />hail, vandalism, and flood in an amount equal to the completed value of the PROJECT, <br /> <br />Said general liability insurance shall name the BORROWER and the CWCB as additional <br />insured. An additional insured endorsement and a current copy of a certificate of said liability <br />_ _ __ _ ____insurance_musLbe_j:1r.illllde.<iJo_tbe_C1'ILCB...-prioLto--.eommencemenL.oL.conslr.uctioo_and _ <br />maintained until construction is complete. No payments shall be made to the BORROWER <br />unless all insurance certificates are current. The BORROWER shall file notices of renewals of <br />said policies with the CWCB as renewals occur. <br /> <br />During the time of construction, the CWCB reserves the right to increase the above amount of <br />insurance so that said amounts at a minimum correspond to the amount established by the <br />Colorado Governmental Immunity Act, now and as hereafter amended. <br /> <br />5, BORROWER'S Indemnification Of The CWCB. The BORROWER shall, without expense or legal <br />liability to the CWCB, manage, operate, and maintain the PROJECT continuously in an efficient <br />and economical manner, The BORROWER agrees to indemnify and hold the CWCB harmless <br />from any liability incurred by the CWCB as a result of the CWCB's interest in the PROJECT <br />facilities and any other property identified in the Collateral Provisions of this contract. <br /> <br />6, BORRCWER'S Liability Insurance, Upon execution of this contract and continuing until <br />complete repayment of the loan is made to the CWCB, the BORROWER shall maintain <br />commercial general liability insurance with a company that is satisfactory to the CWCB <br /> <br />Owl Creek Supply and Irrigation Company <br /> <br />Page 3 of 13 <br /> <br />loan Contract <br />