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<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. Any net proceeds remaining after such work has been completed shall be paid to the <br />BORROWER. If the net proceeds are insufficient to pay the full cost of the replacement, repair and <br />restoration, the BORROWER shall complete the work and pay any cost in excess of the net proceeds. <br /> <br />9. Services of PROJECT available without discrimination. The BORROWER shall make the services <br />of said PROJECT available within its capacity to all qualified persons in the BORROWER'S service area <br />without discrimination as to race, color, religion, or natural origin at reasonable charges (including <br />assessments, taxes, or fees), whether for one or more classes of service, in accordance with a <br />schedule of such charges formally adopted by the BORROWER through their ordinances or <br />resolutions. <br /> <br />10. Captions. 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 provisions contracted <br />herein. <br /> <br />11. STATE'S approval. This contract requires review and approval of plans, specifications, and various <br />other technical and legal documents. The STATE'S review of these documents is only for the <br />purpose of verifying the 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 />Notwithstanding any consents or approvals given to the BORROWER by the STATE on any such <br />documents, the BORROWER and its CONSULTANT, in preparing any such documents, shall be solely <br />responsible for the accuracy and completeness of any of said documents. <br /> <br />12. Addresses for mailing. All notices, correspondence, or other documents required by this contract <br />shall be delivered or mailed to the following addresses: <br /> <br />For the STATE: For the BORROWER: <br /> <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />Attn.: Construction Fund Section <br /> <br />Town of Morrison <br />P.O. Box 95 <br />Morrison, CO 80465 <br />Attn.: Town Administrator <br /> <br />D. Special Provisions (1993 version) <br /> <br />1. Controller's approval. This contract shall not be deemed valid until it shall have been approved by <br />the Controller of the State of Colorado or such assistant as he may designate. This provision is <br />applicable to any contract involving the payment of money by the STATE. . <br /> <br />2. Fund availability. Financial obligations of the State of Colorado payable after the current fiscal year <br />are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made <br />available. <br /> <br />3. Bond requirement. If this contract involves the payment of more than fifty thousand dollars for the <br />construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, <br />tunnel, excavation or other public work for this STATE, the CONTRACTOR shall, before entering upon <br />the performance of any such work included in this contract, duly execute and deliver to the STATE <br />official who will sign the contract, a good and sufficient bond or other acceptable surety to be <br />approved by said official in a penal sum not less than one-half of the total amount payable by the <br />terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned <br /> <br />Town of Morrison <br /> <br />Page 10 of 13 <br />