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<br />'.
<br />
<br />2. Contract is not assignable. This contract is not assignable by the DISTRICT or the BORROWER .
<br />except with the prior written approval of the STATE.
<br />
<br />3. Contract relationship. The STATE and the BORROWER intend that the relationship between
<br />them contemplated by this contract is that of lender-borrower, not employer-employee. No
<br />agent, employee, or servant of the DISTRICT or the BORROWER shall be, or shall be deemed to be,
<br />an employee, agent, or servant of the STATE. The DISTRICT and the BORROWER will be solely and
<br />entirely responsible for their acts and the acts of their agents, employees, servants, engineering
<br />firms, construction firms, and subcontractors during the performance of this contract.
<br />
<br />4. Complete integration of all understandings. This agreement is intended as the complete
<br />integration of all understandings between the parties. No prior or contemporaneous addition,
<br />deletion, or other amendment hereto shall have any force or effect whatsoever unless embodied
<br />herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment
<br />hereto shall have any force or effect unless embodied in a written contract executed and
<br />approved pursuant to STATE fiscal rules, unless expressly provided for herein.
<br />
<br />5. Waiver. The waiver of any breach of a term of this contract shall not be construed as a waiver of
<br />any other term, or of any subsequent breach of the same term.
<br />
<br />6. Eligible expenses. PROJECT costs eligible for financing by the STATE shall be limited to 75% of
<br />the cost of:
<br />
<br />a. Preparing final designs and specifications for the PROJECT.
<br />
<br />b. Preparing bid and construction contract documents.
<br />
<br />c. Preparing environmental assessment or environmental impact statements, and otherwise
<br />complying with the Federal National Environmental Policy Act.
<br />
<br />d. Complying with all federal, state, and local regulatory requirements, including the obtaining of
<br />all required permits.
<br />
<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, reviewing
<br />construction contract documents, and for complying with all federal, state, and local
<br />regulatory requirements.
<br />
<br />7. STATE may release contract at its option. In its sole discretion, the STATE may at any time give
<br />any consent, deferment, subordination, release, satisfaction, or termination of any or all of the
<br />DISTRICT'S and/or the BORROWER'S obligations under this contract, with valuable consideration,
<br />upon such terms and conditions as the STATE may determine to be:
<br />
<br />a. advisable to further the purposes of this contract or to protect the STATE'S financial interest
<br />therein, and
<br />
<br />b. consistent with both the statutory purposes of this contract and the limitations of the statutory
<br />authority under which it is made.
<br />
<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 />
<br />Silt Water Conservancy District Water Activity Enterprise and
<br />Silt Water Conservancy District
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