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<br />'. . <br /> <br />::':') <br />. , <br /> <br />.'~ <br />/. <br /> <br />C, The STATE and the BORROWER mutually agree as follows: <br /> <br />1. Designated Agent Of The STATE. The CWCB, which includes its agents and employees, is <br />hereby designated as the agent of the STATE for the purpose of this contract. <br /> <br />2. .Contract Is Not Assignable. This contract is not assignable by the BORROWER except with the <br />prior written approval of the STATE, <br /> <br />3. Contract Relationship. The parties to this contract intend that the relationship between them <br />contemplated by this contract is that of lender-borrower, not employer-employee, No agent, <br />employee, or servant of the BORROWER shall be, or shall be deemed to be, an employee, agent, <br />or servant of the STATE. The BORROWER shall be solely and entirely responsible for its acts and <br />the acts of its agents, employees, servants, engineering firms, construction firms, and <br />subcontractors during the performance of this contract. ' <br /> <br />4. Complete Integration Of All Understandings. This agreement is intended as the complete <br />integration of all understandings between the parties, NO.prior or contemporaneous addition, <br />deletion, or other amendment hereto shall have any force .or effect whatsoever unless <br />embodied herein. in writing. No subsequent novation, renewal, addition, deletion, or other <br />amendment hereto shall, have any force or effect unless embodied in a written contract <br />executed and approved pursuant to STATE fiscal rules, with the exception of the Revision Letter <br />as described in the Changes Provision of this contract. <br /> <br />5. In Event Of A Conflict. In the event of conflict between the terms of this contract and <br />conditions as set forth in any of the appendices, the provisions of this contract shall control. <br /> <br />6. Eligible Expenses. PROJECT costs eligible for financing by the STATE shall be limited to: <br /> <br />a. Preparing final designs and specifications for the PROJECT. <br /> <br />b. Preparing bid and construction contract documents. <br /> <br />c, Preparing environmental assessment or environmental impact statements, and otherwise <br />compiying with the Federal National Environmental Policy Act. <br /> <br />d. Complying with all federal, state, and local regulatory requirements, including the obtaining <br />of all required permits, <br /> <br />e. Fish and wildlife mitigation measures required by federal, state, or local laws and <br />regulations. <br /> <br />f. Actual construction as called for in the design documents and in change orders approved by <br />the STATE, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM. <br /> <br />g. Engineering services for construction management, including design and construction <br />management for STATE-approved change orders. <br /> <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. Legal services must be approved by the STATE in writing and <br />in advance to be eligible for financing by the STATE, <br /> <br />Left Hand Ditch Company <br /> <br />Page 9 of 13 <br /> <br />Loan Contract <br />