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<br />"'":',.~',, <br />r -.) <br /> <br />/:.~' <br />.,) <br /> <br />All remedies described herein may be simultaneously or selectively and successively enforced. <br />The provisions of this contract may be enforced by the STATE at its option without regard to <br />prior waivers of previous defaults by the BORROWER, through judicial proceedings to require . <br />specific performance of this contract, or by such other proceedings in law or equity as may be <br />deemed necessary by the STATE to ensure compliance with provisions of this contract and the <br />laws and regulations under which this contract is executed. The STATE'S exercise of any or all <br />of the r~medies described herein shall not relieve the BORROWER of any of its duties and <br />obligations under this contract. <br /> <br />17. Progress Reports. The BORROWER shall, with the assistance of the CONSULTANT, prepare a <br />periodic progress report which contains a statement of the PROJECT costs expended for that <br />period and shall forward said statement to the STATE. <br /> <br />18. Periodic Inspections. Throughout the term of this contract, the BORROWER shall permit a <br />designated representative of the STATE to make periodic inspections of the PROJECT. Such <br />inspections are solely for the purpose of verifying compliance with the terms and conditions of <br />this contract. Furthermore, such inspections shall cover the condition of the PROJECT, operating <br />records, maintenance records, and financial records, and shall not be construed nor interpreted <br />as an. approval' of the actual design and/or construction of any element of the PROJECT facilities. <br /> <br />19. Adhere To Applicable Laws. The BORROWER shall strictly adhereto all applicable federal, <br />state, and local laws and regulations that are in effect or may hereafter be established <br />throughout the term of this contract. <br /> <br />20. No Discrimination Of Services. The services of said PROJECT shall be made available within <br />its capacity and in accordance with all pertinent statutes, rules and regulations, and operational <br />guidelines to all persons in the BORROWER'S service area without discrimination as to race, <br />color, religion, or national origin at reasonable charges (including assessments or fees), <br />whether for one or more classes of service, in accordance with a schedule of such charges <br />formally adopted by the BORROWER, as may be modified from time to time. <br /> <br />B. The STATE agrees as follows: <br /> <br />1. Agreement To Loan Money. The STATE agrees to loan to the BORROWER an amount not to <br />exceed that specified in the Promissory Note Provisions of this contract. <br /> <br />2. Disbursements. After receipt of the periodic progress report from the BORROWER, and review <br />and acceptance of the items therein as eligible expenses as described below, the STATE will <br />pay to the BORROWER the amount set forth in the report or such portion that has been approved <br />by the STATE. Such payment shall be made within thirty (30) days from the STATE'S approval of <br />each progress report. <br /> <br />3. Release After Loan Is Repaid. Upon complete repayment to the STATE of the entire principal, <br />all accrued interest, and late charges, if any, as specified in the Promissory Note, the STATE <br />agrees to execute a release of deed of trust to convey to the BORROWER all of the STATE'S right, <br />title, and interest in and to the property described in the Deed of Trust, and to file a UGC-3 form <br />with the Secretary of State to terminate all of the STATE'S rights in and to the revenues pledged <br />to repay this loan. <br /> <br />Left Hand Ditch Company <br /> <br />Page 8 of 13 <br /> <br />Loan Contract <br />