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<br />of its agents, employees, servants, engineering firms, construction firms, and subcontractors during
<br />the performance of this contract.
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<br />4. Integration of all understandings. This agreement is intended as the complete integration of
<br />all understandings between the parties. No prior or contemporaneous addition, deletion, or other
<br />amendment hereto shall have any force or effect whatsoever unless embodied herein in writing. No
<br />subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force
<br />or effect unless embodied in a written contract executed and approved pursuant to STATE fiscal rules,
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<br />5. Waiver. The waiver of any breach of a term of this contract shall not be construed as a
<br />waiver of any other term, or of any subsequent breach of the same term,
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<br />6. Eligible expenses. PROJECT construction costs eligible for refinancing by the STATE shall be
<br />limited to the cost of:
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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 STATE, 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 STATE-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. Legal services must be approved by the STATE in writing to be
<br />eligible for payment by the STATE.
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<br />7. STATE may release contract at its option. In its sole discretion, the STATE may at any time
<br />give any 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 STATE may determine to be: a, advisable to further the purposes of this contract
<br />or to protect the STATE'S financial interest therein, and b. consistent with both the statutory purposes
<br />of this contract and the limitations of the statutory authority under which it is made,
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<br />8, Casualty and eminent domain. If, at any time during the term of this contract, (a) the
<br />BORROWER'S PROJECT facilities and/or property pledged as security for this loan, including buildings
<br />or any portion thereof, are damaged or destroyed, in whole or in part, by fire or other casualty, or
<br />(bl title to or use of the PROJECT facilities or any part thereof shall be taken under the exercise of the
<br />power of eminent domain, the BORROWER shall cause the net proceeds of any insurance claim or
<br />condemnation award to be applied to the prompt replacement, repair and restoration of the PROJECT
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<br />Trp.mnnt Mutual Ditch Comoanv
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<br />Paqe 7 of 10
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<br />Loan Contract
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