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PROJC00983
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Last modified
3/27/2014 11:52:30 AM
Creation date
10/6/2006 12:16:39 AM
Metadata
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Loan Projects
Contract/PO #
C153663
Contractor Name
Hudson, Town of & Hudson Water Fund Entrprise
Contract Type
Loan
Water District
1
County
Weld
Bill Number
SB 78-69
Loan Projects - Doc Type
Contract Documents
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<br />provided in paragraph 8.a. above. <br /> <br />c. The Allottee's paYlllent of annual administration, operation, maintenance, repair and replacement <br />charges and costs of the Pipeline, pursuant to the preceding paragraphs 6.b.v., 6.b.vi., 8.a. <br />and 8.b., does not in any way impair the vested nature of the allocation of capacity pursuant <br />to this Contract and are not related to the value of that vested right. These obligations do <br />not convert the Allottee's prepaid right of possession of its allotted capacity in the Pipeline <br />into any form of an executory lease or contract. <br /> <br />9. Completion Date. Attached hereto as Exhibit 2 is a time line for construction and completion <br />of the Pipeline. The time line may be modified for good cause. Tbe SWSP Enterprise shall complete construction <br />of the Pipeline in accordance with the time line as ~odified, subject to force majeure events, failure of the <br />Participants to make required payments under this or similar contracts and so long as the delay is not as a <br />direct or indirect result of SWSP Enterprise's negligence, delays beyond the SWSP Enterprise's reasonable <br />control occurring in the right-of-way acquisition process or caused by the construction process or the <br />construction contractors. In addition, the completion date is subject to change based upon mutual agreement <br />of all of the Participants, as conditions and availaPle information warrant. <br /> <br />10. Construction and Financial Reports and Heetinas. The SWSP Enterprise will provide Allottee <br />with written monthly reports together with financial reports regarding payment of charges and costs and <br />expenditures during construction of the Pipeline on the progress of construction and the expenditure of funds. <br />In addition, the SWSP Enterprise shall schedule and hold meetings of all Participants at the offices of the <br />District in Loveland, Colorado, at least quarterly at which time the SWSP Enterprise shall present and discuss <br />the financial reports regarding payment of charges and costs by the Participants and the expenditure of funds. <br /> <br />11. Limitations on Riahts of Allottee. In addition to all the other terms, conditions and <br />covenants contained herein, it is specifically understood and agreed by and between the parties hereto that the <br />rights of the Allottee hereunder are subject to the following terms, conditions and limitations, which are <br />incorporated herein by this reference: <br /> <br />a. . The Water Conservancy Act of Colorado, C.R.S II 37-45-101 et sea.; and <br /> <br />b. The rules, regulations and policies of the Board and the same as may be amended from time to <br />time, provided that to the extent such future rules, regulations and policies adversely affect <br />the Allottee's rights hereunder or its rights to use the capacity contracted for in any lawful <br />manner, such future rules, requlations or policies shall not be enforceaPle against Allottee. <br /> <br />12. Transfer of Allotment. Allottee shall have the right to permanently assign or transfer all <br />or any part of its allotment of capacity hereunder, for such consideration as Allottee in its sole discretion <br />may establish, subject to the terms and conditions of this Contract to another Entity that is financially able <br />to perform this Contract with the prior written consent of the Board, which shall not be unreasonably withheld. <br />Allottee may, in its sole discretion, lease, sublease, pledge a security interest in a lease, or pledge or <br />encumber all or a portion of its allotment of capacity hereunder to another Entity subject to the terms and <br />conditions of this Contract without prior approval of the Board. Allottee shall be relieved of its obligations <br />hereunder to the extent of any permanent transfer of capacity, except as otherwise provided herein. Promptly <br />following any lease, sublease, assignment, pledge or other hypothecation, the lessee, sublessee, assignee, <br />pledgee, etcetera, as applicable, shall deliver to the SWSP Enterprise a written notice and acknowledgement in <br />the form of Exhibit 3 attached hereto. This Contract is made for the exclusive benefit of the Allottee and <br /> <br />11 <br />
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