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<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 <br />obtaining of all required permits. <br /> <br />e. FiSh and wildlife mitigation measures required by federal, state, or local laws and <br />regulations. <br /> <br />f. Actual construction as called for in the design documents and in change orders approved <br />by the STATE, the BOR:!OWER, 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, <br />reviewing construction contract documents, acquiring the land and water rights needed for <br />the PROJECT. and for complying with all federal. state, and local regUlatory requirements. <br />Legal services must be approved by the STATE in writing before they are rendered to be, <br />eligible for payment by the STATE. <br /> <br />6. STATE may release contract at Its option. In its sole discretion, the STATE may at any time <br />give any consent, deferment. subordination, release, satisfaction. or termination of any or all of the <br />BORROWER'S obligations under this contract with valuable consideration, upon such terms and <br />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 <br />interest therein, and <br /> <br />b. consistent with both the statutOry purposes of this contract and the limitations of the <br />statutory authority under which it is made. ' <br /> <br />7. casualty and eminent domain. If, at any time, during the term of this contract, (a) the <br />BORROWER'S PROJECT facilities and/or property pledged as collateral for this loan, including buildings <br />or any portion thereof, are damaged or destroyed, in whole or in part, by fire or other casualty, or <br />(b) title to or use of the PROJECT facilities or any part thereof shall be taken under the exercise of the <br />power of eminent domain, the BORROWER shall cause the net proceeds of any insurance claim or <br />condemnation award to be applied to the prompt replacement. repair and restoration of the <br />PROJECT facilities or any portion thereof. Any net proceeds remaining after such work has been <br />completed shall be paid to the BORROWER. If the net proceeds are insufficient to pay the full cost of <br />the replacement, repair and restoration, the BORROWER shall complete the work and pay any cost in <br />excess of the net proceeds. <br /> <br />8. 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 contained <br />herein. <br /> <br />9. 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 the <br />purpose of verifying BORROWER'S compliance with this contract and shall not be construed or <br />interpreted as a technical review or approval of the actual design or construction of the PROJECT. <br />Notwithstanding any consents or approvals given the BORROWER by the STATE on any such documents, <br />BORROWER and its CONSULTANT preparing any such documents shall be solely responsible for the <br />accuracy and completeness of any of the construction documents. <br /> <br />RAINBOW PARK WATER COMPANY <br /> <br />PageSo!" <br /> <br />lOAN CONTRACT <br />