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<br />e. Fish and wildlife mitigation measures required by federal, state, or local laws and regulations. <br /> <br />f. 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. <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, and for complying with all federal, state, and local <br />regulatory requirements, Legal services must be approved by the STATE in writing and in <br />advance to be eligible for financing by the STATE. <br /> <br />i. Repayment of principal and interest of the BORROWER'S bridge loans. <br /> <br />7. Payment of Bridge Loans. No later than fifteen (15) days from the effective date of this <br />contract, the BORROWER shall request, in writing, the CWCB to repay any outstanding bridge <br />loans, including principal and interest, it has obtained, in full using the proceeds of this loan, <br />and paid directly to the lender of such bridge loans. The STATE shall notify the BORROWER <br />when it transmits the requested funds to the lender and the BORROWER shall provide the <br />STATE with documentation that the loans have been paid in full no later than thirty (30) days <br />from the date the STATE transmits said funds to said lender. <br /> <br />8. STATE May Release Contract. Notwithstanding any other provision of this contract, the <br />STATE may, in its sole discretion, at any time give any consent, deferment, subordination, <br />release, satisfaction, or termination of any or all of the BORROWER'S obligations under this <br />contract, with valuable consideration, upon such terms and conditions as the STATE may <br />determine to be advisable to further the purposes of this contract or to protect the STATE'S <br />. financial interest therein, and consistent with both the statutory purposes of this contract and <br />the limitations of the statutory authority under which it is made. <br /> <br />9. 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 <br />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 <br />PROJECT facilities or any portion thereof, or to repayment of this loan, Any net proceeds <br />remaining after such work has been completed shall be retained by the BORROWER, If the net <br />insurance 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 <br />proceeds. In the event BORROWER opts to repay this loan, BORROWER shall remain <br />responsible for the full loan amount outstanding regardless of the amount of such insurance <br />proceeds or condemnation award. <br /> <br />10. 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 <br />contracted herein. <br /> <br />The Farmers Independent Ditch Company <br /> <br />Page 10 of 14 <br /> <br />Loan Contract <br />