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<br />........_.~, <br /> <br />lOAlI W.TRACT <br />SUllDit Reservoir and Irrigation Co. <br />Emergency loan <br /> <br />NOW THEREFORE, in consideration of the mutual and dependent covenants <br />contained, it is agree by the parties hereto as follows: <br /> <br />That 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 <br />provisions contracted here in. <br /> <br />A The Borrower understands that this Contract is also a promissory note for the <br />repayment of funds loaned to the Borrower according to the terms set forth herein. <br /> <br />The Borrower agrees that it has or shall: <br /> <br />1. (Contracted with a responsible and capable construction firm): Contracted <br />for the construction of the emergency work to a responsible and capable firm or firms <br />(hereinafter referred to as Construction Firm or Firms), which Construction Firms were <br />selected by the Borrower and found acceptable before work under this emergency <br />contract began. <br /> <br />2. (Required construction firm and subcontractors to indemnify the State): <br />Required all Construction Firms and their subcontractors to indemnify the State and <br />the Borrower against all liability and loss, and against all claims and actions based upon <br />or arising out of damage or injury, including death, to persons or property, caused by <br />any acts or omissions of those parties or sustained in connection with the performance <br />of any contract related to the project or by conditions created thereby, or based upon <br />any violation of any statute, ordinance, or regulation, and the defense of any such <br />claims or actions. <br /> <br />3. (Hold the State harmless from any liability, and maintain liability insurance <br />coverage): Without expense to the State, manage, operate, and maintain the project <br />continuously in an efficient and economical manner, and assume all legal liability for <br />such management, operation, and maintenance. The Borrower agrees to indemnify and <br />hold the State harmless from any liability incurred by the State as a result of the State's <br />interest in the project facilities and any other property identified in the Deed of Trust <br />Provisions of this contract. The Borrower shall maintain comprehensive general <br />liability insurance covering the management, operation, and maintenance of the project <br />until it completes repayment to the State, in at least the following amounts: <br /> <br />a. For any injury to one person in any single occurrence, the sum of One <br />Hundred Fifty Thousand Dollars ($150,000). <br /> <br />b. For any injury to two or more persons in any single occurrence, the sum <br />of Four Hundred Thousand Dollars ($400,000). <br /> <br />Page l of 12 Pages <br />