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8. Casualty and eminent domain. If, at any time, during the term of this contract, (a) the BORROWER'S PROJECT facilities, including buildings, or any portion thereof, are damaged or destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the PROJECT facilities or any part thereof shall be taken under the exercise of the power of eminent domain, the BORROWER shall cause the net proceeds of any insurance claim or condemnation award to be applied to the prompt replacement, repair and restoration of the PROJECT facilities or any portion thereof. Any net proceeds remaining after such work has been completed shall be paid to the BORROWER. If the net proceeds are insufficient to pay the full cost of the replacement, repair and restoration, the BORROWER shall complete the work and pay any cost in excess of the net proceeds. 9. Services of PROJECT available without discrimination. The BORROWER shall make the services of said PROJECT available within its capacity to all qualified persons in the BORROWER'S service area without discrimination as to race, color, religion, or natural origin at reasonable charges (including assessments, taxes, or fees), whether for one or more classes of service, in accordance with a schedule of such charges formally adopted by the BORROWER through their ordinances or resolutions. 10. Captions. That the captions and headings contained in this contract are for convenience and reference only and shall not be construed so as to define or limit the terms or provisions contracted herein. 11. STATE'S approval. This contract requires review and approval of plans, specifications, and various other technical and legal documents. The STATE'S review of these documents is only for the purpose of verifying the DISTRICT'S and the BORROWER'S compliance with this contract and shall not be construed or interpreted as a technical review or approval of the actual design or construction of the PROJECT. Notwithstanding any consents or approvals given to the DISTRICT and/or the BORROWER by the STATE on any such documents, the DISTRICT and/or the BORROWER and its CONSULTANT, in preparing any such documents shall be solely responsible for the accuracy and completeness of any of said documents. 12. Addresses for mailing. All notices, correspondence, or other documents required by this contract shall be delivered or mailed to the following addresses: For the STATE: For the BORROWER: Colorado Water Conservation Board Ute Water Conservancy District & Ute Attn: Construction Fund Section Water Activity Enterprise 1313 Sherman Street, Room 721 P.O. Box 460 Denver, CO 80203 Grand Junction, CO 81502-0460 D. SPECIAL PROVISIONS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these Special Provisions in every STATE contract, including grants. Controller's Approval 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the STATE. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Ute Water Activity Enterprise and Ute Water Conservancy District Page 10 of 13