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<br />. <br /> <br />. <br /> <br />" <br /> <br />to protect the CWCB's financial interest therein, and consistent with both the statutory purposes of <br />this Contract and the limitations of the statutory authority under which it is made. <br /> <br />9, 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 />destroyed, in whole or in part, by fire or other casualty, or (b) title to or use of the PROJECT <br />facilities or any part thereof shall be taken under the exercise of the power of eminent domain, the <br />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 <br />thereof, or to repayment of this loan. Any net proceeds remaining after such work has been <br />completed or this loan has been repaid, shall be retained by the BORROWER. If the net insurance <br />proceeds are insufficient to pay the full cost of the replacement, repair and restoration, the <br />BORROWER shall complete the work and pay any cost in excess of the net proceeds. In the event <br />BORROWER opts to repay the loan, BORROWER shall remain responsible for the full loan amount <br />outstanding regardless of the amount of such insurance proceeds or condemnation award. <br /> <br />10, Captions. 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 <br />contracted herein. <br /> <br />11, CWCS's Approval. This contract requires review and approval of plans, specifications, and <br />various other technical and legal documents. The CWCB'1? review of these documents is only for <br />the 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 to the BORROWER by the CWCB on any such <br />documents, BORROWER shall be solely responsible for the accuracy and completeness of such <br />documents. <br /> <br />12. 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 />13, Addresses for mailing. All notices, correspondence, or other documents required by this <br />contract shall be delivered or mailed to the addresses shown in the Section 1 (Borrower <br />Information) of the Project Summary, for the BORROWER and PARKS and to the address below for <br />the CWCB: <br /> <br />Colorado Water Conservation Board <br />Alln: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />14. Additional Contract Requirements. Any other additional contract requirements are shown in <br />Section 8 (Additional Contract Requirements) of the Project Summary. <br /> <br />SPECIAL PROVISIONS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these Special <br />Provisions in every STATE contract, including grants, <br /> <br />Controller's Approval <br /> <br />1. This contract shall not be deemed valid untii it shall have been approved by the Controller of the State of <br />Colorado or such assistant as he may designate, This provision is applicable to any contract involving the <br />payment of money by the STATE. <br /> <br />Page 9 of 12 <br />