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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 of
<br />all required permits.
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<br />e, Fish and wildlife mitigation mbasures required by federal, state, or local laws and regulations.
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<br />/. 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.
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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, reviewing
<br />construction contract documents, and for complying with all federal, state, and local regulatory
<br />requirements,
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<br />7. STATE May Release Contract. In its sole discretion, the STATE may at any time give any consent,
<br />deferment, subordination, release, satisfaction, or termination of any or all of the BORROWER'S
<br />obligations under this contract, with valuable consideration, upon such terms and conditions as
<br />the STATE may determine to be advisable to further the purposes of this contract or to protect the
<br />STATE'S financial interest therein, and consistent with both the statutory purposes of this contract
<br />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 including buildings or any portion thereof, are damaged or
<br />destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the PROJECT
<br />facilities or any part thereof shall be taken under the exercise of the power of eminent domain, the
<br />BORROWER shall cause the net proceeds of any Insurance claim or condemnation award to be
<br />applied to the prompt replacement, repair and restoration of the PROJECT facilities or any portion
<br />thereof, or to repayment of this loan, Any net proceeds remaining after such work has been
<br />completed shall be retained by the BORROWER, If the net insurance proceeds are insufficient to
<br />pay the full cost of the replacement, repair and restoration, the BORROWER shall complete the
<br />work and pay any cost in excess of the net proceeds, In the event Borrower opts to repay the
<br />loan, Borrower shall remain responsible for the full loan amount outstanding regardless of the
<br />amount ot such insurance proceeds or condemnation award.
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<br />9. Captions. The captions and headings contained in this contract are tor convenience and
<br />reterence only and shall not be construed so as to define or limit the terms or provisions
<br />contracted herein.
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<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
<br />the 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 to the BORROWER by the STATE
<br />on any such documents, BORROWER and its CONSULTANT, by preparing any such documents,
<br />shall be solely responsible for the accuracy and completeness of any of said documents.
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<br />Woodchuck Ditch Company
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<br />Page 9 of 13
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<br />Loan Contract
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