<br />and obligations under this contract.
<br />
<br />13, BORROWER'S Indemnification Of The CWCB. The BORROWER agrees to indemnify and hold
<br />the CWCB harmless from any liability incurred by the CWCB as a result of the CWCB's
<br />interest in the PROJECT facilities and any other property identified in Section 4 (Collateral) of
<br />the Project Summary.
<br />
<br />14. Operation of PROJECT. The BORROWER shall, without expense or legal liability to the CWCB,
<br />manage, operate, and maintain the PROJECT continuously in an efficient and economicai
<br />manner,
<br />
<br />15, BORROWER'S Liability Insurance. Upon execution of this contract and continuing until
<br />complete repayment of the loan is made to the CWCB, the BORROWER shall maintain
<br />y9ml]1~!~i?l9-E1n,E1raj Ji'<!'Qility in,s!lrpIW,e, with, "! wml=lany tflaJ _ [s _sp!i~f~c:t9'YJ9_ the
<br />CWCB, with minimum limits of $1,000,000 combined single limit for each occurrence
<br />and $2,000,000 general aggregate, including products/completed operations and
<br />personal injury. Prior to the disbursement of any loan funds, the BORROWER shall
<br />provide the CWCB with an Acord Form 27 evidencing said insurance and shall
<br />provide the CWCB with documentation of renewals of said insurance.
<br />
<br />B, PROJECT PROVISIONS
<br />
<br />1, Construction Fund Program Procedures. During the cDmpletion of the PROJECT, the
<br />BORROWER shall adhere to the CWCB Construction Fund Program Procedures (Section 6), of
<br />the Project Summary,
<br />
<br />2, Eligible Expenses. The items for which the BORROWER is eligible for loan disbursements
<br />are listed in Eligible Project Expenses (Section 7) of the Project Summary,
<br />
<br />3, LDan Disbursements. The BORROWER shall provide to the CWCB a report prior to each loan
<br />disbursement that states the PROJECT tasks completed and the costs expended for that
<br />period, The CWCB shall disburse loan funds in accordance with the Disbursement Schedule
<br />(Section 8) of the Project Summary.
<br />
<br />4, Time for Performance. The BORROWER recognizes that time is of the essence in the
<br />performance of all of its obligations under this contract. Therefore, the BORROWER shall
<br />complete the PROJECT within the time specified in Time For Performance (Section 9) of the'
<br />Project Summary.
<br />
<br />5, Indemnification By The Construction Firm. The BORROWER shall require all Construction
<br />Firms and their subcontractors to indemnify the CWeB and the BORROWER against all liability
<br />and loss, and against all claims and actions based upon or arising out of damage or injury,
<br />including death, to persons or property, caused by any acts or omissions of those parties or
<br />sustained in connection with the performance of any contract related to the PROJECT or by
<br />conditions created thereby, or based upon any violation of any statute, ordinance, or
<br />regulation, and the defense of any such claims or actions,
<br />
<br />6, Liability Insurance During Construction, During construction of the PROJECT, the
<br />BORROWER shall require the construction firm(s) and any subcontractors to maintain
<br />the following insurance coverage in the limits shown during the term of their contracts
<br />for the construction of the PROJECT, The BORROWER shall provide the CWCB with an
<br />Acord Form 27 evidencing said insurance prior to commencement of construction,
<br />maintained until construction is complete, and shall provide the CWCB with
<br />
<br />Page 4 of 8
<br />
<br />LDan Contract
<br />
|