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<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 <br />by 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, acquiring the land and water rights needed for <br />the PROJECT, and for complying with all federal, state, and local regulatory requirements. <br />legal services must be approved by the STATE in writing to be eligible for payment by the <br />STATE. <br /> <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 sucr- terms and <br />conditions as the STATE may determine to be: <br /> <br />a. advisable to further the purposes of this C<:mtract or to protect the STATE'S financial interest <br />therein, and <br /> <br />b. consistent with both the statutory purposes of this contract and the limitations of the <br />statutory authority under which it is made. <br /> <br />8. Casualty and eminent domain. If, at any time during the term of this contract. (a) the <br />BORROWER'S PROJECT facilities andlor property pledged as security for this loan, including buildings <br />or any portion thereof, are damaged or destroyeCl, in whole or in part. by fire or other casualty, or <br />(b) 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 <br />facilities or any portion thereof. Any net proceeCls remaining after such work has been completed <br />shall be paid to the BORROWER, If the net proceeds are insufficient to pay the full cost of the <br />replacement, repair and restoration, the BORROWER shall complete the work and pay any cost in <br />excess of the net proceeds. <br /> <br />9. 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 contracted <br />herein. <br /> <br />10. STATE'S approval. This contract requires review and approval of plans, specifications, and <br />various other technical and legal documents. The STATE'S review of these documents is only for the <br />purpose of verifying BORROWER'S compliance With this contract and shall not be construed or <br />interpreted as a technical review or approval of the actual design or construction of the PROJECT <br />rehabilitation. Notwithstanding any consents or approvals given the BORROWER by the STATE on any <br />such documents, BORROWER and its CONSULTANT preparing any such documents shall be solely <br />responsible for the accuracy and completeness of any of the construction documents, <br /> <br />South Platte Ditch Company <br /> <br />Page 9 of 11 <br /> <br />loan Contract'.__ <br />