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<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; <br />the BORROWER shall cause the net proceeds of any insurance claim or condemnation award to <br />be applied to the prompt replacement, repair and restoration of the PROJECT facilities or any <br />portion thereof. Any net proceeds remaining after such work has been completed shall be paid to <br />the BORROWER. If the net proceeds are insufficient to pay the full cost of the replacement, repair <br />and restoration, the BORROWER shall complete the work and pay any cost in excess of the net <br />proceeds. <br /> <br />9. Services of PROJECT available without discrimination. The services of said PROJECT shall be <br />made available and in accordance with all pertinent statutes, rules and regulations and <br />operational guidelines without discrimination as to race, color, religion, or natural origin in <br />accordance with a schedule of such rates formally adopted by the BORROWER, as may be <br />modified from time to time. <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 <br />contracted herein. . <br /> <br />11. 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 the DISTRICT'S and the BORROWER'S compliance with this contract and <br />shall not be construed or interpreted as a technical review or approval of the actual design or <br />construction of the PROJECT. Notwithstanding any consents or approvals given to the DISTRICT <br />and/or the BORROWER by the STATE on any such documents, the DISTRICT and/or the BORROWER <br />and its CONSULTANT, in preparing any such documents shall be solely responsible for the <br />accuracy and completeness of any of said documents. <br /> <br />12. Addresses for mailing. All notices, correspondence, or other documents required by this <br />contract shall be delivered or mailed to the following addresses: <br /> <br />For the STATE: For the BORROWER: <br /> <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />Silt Water Conservancy District & Silt <br />Water Conservancy District Water Activity Enterprise <br />P.O. Box 8 <br />Silt, CO 81652 <br /> <br />And a copy to: <br />Balcomb and Green <br />P. O. Drawer 790 <br />Glenwood Springs, CO 81602 <br /> <br />D. SPECIAL PROVISIONS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these <br />Special Provisions in every STATE contract, including grants. <br /> <br />Controller's Approval <br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of <br />Colorado or such assistant as he may designate. This provision is applicable to any contract involving <br />the payment of money by the STATE. <br /> <br />Silt Water Conservancy District Water Activity Enterprise and <br />Silt Water Conservancy District <br /> <br />Page 10 of 13 <br />