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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
<br />of all required permits. '
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<br />e. Fish and wildlife mitigation meaSures required by federal, state, or local laws and
<br />regulations.
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<br />f. Actual construction as called for in the design documents and in change orders approved
<br />by the CWCB, 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 CWCS-approved change orders.
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<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.
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<br />6, CWCS May Release Contract. In its sole discretion, the CWCS 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 and
<br />conditions as the CWCS may determine to be advisable to further the purposes of this
<br />contract or to protect the CWCS's financial interest therein, and consistent with both the
<br />statutory purposes of this contract and the limitations of the statutory authority under which it
<br />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
<br />destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the PROJECT
<br />facilities or any part thereof shall be taken under the exercise of the power of eminent domain,
<br />- -- - -- - - ---rhe6oRROWERwal1-cause-ttTel1'et'proceeds-oranyrin-surarrce-ciaim-or C6f\ael'tfnCitionaWa:rat(j- "
<br />be applied to the prompt replacement, repair and restoration of the PROJECT facilities or any
<br />portion thereof, or to repayment of this loan. Any net proceeds remaining after such work has
<br />been completed shall be retained by the BORROWER. If the net insurance proceeds are
<br />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. In the event Borrower
<br />opts to repay the loan, Borrower shall remain responsible for the full loan amount outstanding
<br />regardless of the amount of such insurance proceeds or condemnation award.
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<br />S, Captions, The captions and headings contained in this contract are for convenience and
<br />reference only and shall not be construed so as to define or limit the terms or provisions
<br />contracted herein.
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<br />9, cwes's Approval. This contract requires review and approval of plans, specifications, and
<br />various other technical and legal documents. The CWCB's review of these documents is only
<br />for the purpose of verifying BORROWER'S compliance with this contract and shall not be
<br />construed or interpreted as a technical review or approval of the actual design or construction
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<br />Owl Creek Supply and Irrigation Company
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<br />Page 9 of 13
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<br />Loan Contract
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