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<br />1, Designated Agent Of The STATE. The CWCB, which includes its agents and employeeS,is
<br />hereby designated as the agent of the STATE for the purpose of this contract.
<br />
<br />2. Ccrtract Is Not Assignable. This contract is not assignable by the BORROWER except with the
<br />prior written approval of the STATE.
<br />
<br />3, Contract Relationship. The parties to this contract intend that the relationship between them
<br />contemplated by this contract is that of lender-borrower, not employer-employee. No agent,
<br />employee, or servant of the BORROWER shall be, or shall be deemed to be, an employee, agent,
<br />or servant of the STATE, The BORROWER shall be solely and entirely responsible for its acts and
<br />the acts of its agents, employees, servants, engineering firms, construction firms, and
<br />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, with the exception of the Revision Letter as described in
<br />the Changes Provision of this contract.
<br />
<br />S, In Event Of A Conflict. In the event of conflict between the terms of this contract and conditions
<br />as set forth in any of the appendices, the provisions of this contract shall control.
<br />
<br />6. Eligible Expenses. PROJECT costs eligible for financing by the STATE shall be limited to the cost
<br />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 regulatory
<br />requirements, Legal services must be approved by the STATE in writing and in advance to be
<br />eligible for financing by the STATE,
<br />
<br />6. STATE May Release Contract. In its sole discretion, the STATE may at any time give any consent,
<br />deferment, subordination, release, satisfaction, or termination of any or all of the BORROWER'S
<br />obliaations under this contract, with valuable consideration, upon such terms and conditions as
<br />the STATE may determine to be advisable to further the purposes of this contract or to protect the
<br />STATE'S financial interest therein, and consistent with both the statutory purposes of this contract
<br />
<br />Greeley & Loveland
<br />Irrigation Company
<br />
<br />Page 9 Df 13
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<br />Loan Contract
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