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<br />,
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<br />7. Waiver. The waiver of any breach of a term of this contract shall not be construed as a waiver
<br />of any other term, or of any subsequent breach of the same term.
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<br />8. Casualty and eminent domain. If, at any time, during the term of this contract, (a) the BORROWER'S
<br />PROJECT facilities and/or property pledged as collateral for this loan, includin9 buildings or any portion
<br />thereof, are damaged or destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of
<br />the PROJECT 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 condemnation award to be
<br />applied to the prompt replacement, repair and restoration of the PROJECT facilities or any portion thereof.
<br />Any net proceeds remaining after such work has been completed shall be paid to the BORROWER. If the
<br />net proceeds are insufficient to pay the full cost of the replacement, repair and restoration, the BORROWER
<br />shall complete the work and pay any cost in excess of the net proceeds.
<br />
<br />9. Captions. The captions and headings contained in this contract are for convenience and reference
<br />only and shall not be construed so as to define or limit the terms or provisions contracted herein.
<br />
<br />.
<br />10. 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 purpose of
<br />verifying BORROWER'S compliance with this contract and shall not be construed or interpreted as a
<br />technical review or approval of the actual design or construction of the PROJECT rehabilitation.
<br />Notwithstanding any consents or approvals given to the BORROWER by the STATE on any such documents,
<br />BORROWER and its CONSULTANT preparing any such documents shall be solely responsible for the accuracy
<br />and completeness of any of the construction documents.
<br />
<br />11. 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:
<br />
<br />For the BORROWER:
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<br />Colorado Water Conservation Board
<br />1 31 3 Sherman Street, Room 721
<br />Denver, CO 80203
<br />Artn: Construction Fund Section
<br />
<br />Bravo Ditch Company
<br />20549 Road 55
<br />Iliff, CO 80736
<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 the Controller of the State of Colorado
<br />or such assistant as he may designate. This provision is 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 are contingent upon funds for that
<br />purpose being appropriated, budgeted, and otherwise made available.
<br />
<br />3. Bond requirement. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair,
<br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this STATE, the CONTRACTOR shall,
<br />before entering upon the performance of any such work included in this contract, duly execute and deliver to the STATE official who will sign the
<br />contract. a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total
<br />amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful
<br />performance of the contract and in addition. shall provide that if the CONTRACTOR or his subcontractors fail to duly pay for any labor, materials, team
<br />hire. sustenance, provisions, provendor Of other supplies used or consumed by such CONTRACTOR or his subcontractor in performance of the work
<br />contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will
<br />pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless
<br />such bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising under such contract shall be audited, allowed or paid. A
<br />certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This
<br />provision is in compliance with C.R.S. 38-26-106.
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<br />4. Indemnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless the STATE, its employees
<br />and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any
<br />act or omission by the CONTRACTOR, or its employees, agents, subcontractors, Of assignees pursuant to the terms of this contract.
<br />
<br />Bravo Ditch Company
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