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<br />established throughout the term of this contract
<br />
<br />3, Designated Agent Of The cwes. The CWCB's agents and employees are hereby
<br />designated as the agents of the CWCB for the purpose of this contract
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<br />4, Contract Is Not Assignable. The BORROWER may not assign this contract except with
<br />the prior written approval of the CWCB,
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<br />5, Contract Relationship. The parties to this contract intend that the relationship between
<br />them under 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,
<br />agent, or servant of the CWCB, The BORROWER shall be solely and entirely responsible
<br />for its acts and the acts of its agents, employees, servants, engineering firms,
<br />construction firms, and subcontractors during the term of this contract
<br />
<br />6, Complete Integration Of All Understandings. This agreement is intended as the
<br />complete integration of all understandings between the parties, No prior or
<br />contemporaneous addition, deletion, or other amendment hereto shall have any force or
<br />effect whatsoever unless embodied herein in writing, No subsequent novation, renewal,
<br />addition, deletion, or other amendment hereto shall have any force or effect unless
<br />embodied in a written contract executed and approved pursuant to STATE fiscal rules,
<br />unless expressly provided for herein,
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<br />7, In Event Of A Conflict. In the event of conflict between the terms of this contract and
<br />conditions as set forth in any of the appendices, the provisions of this contract shali
<br />control.
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<br />8, CWCB May Release Contract. In its sole discretion, the CWCB may at any time give any
<br />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
<br />and conditions as the CWCB may determine to be advisable to further the purposes of
<br />this contract or to protect the CWCB's financial interest therein, and C<msistent with both
<br />the statutory purposes of this Contract and the limitations of the statutory authority under
<br />which it is made,
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<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
<br />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
<br />the PROJECT facilities or any portion thereof, or to repayment of this loan, Any net
<br />proceeds remaining after such work has been completed or this loan has been repaid,
<br />shall be retained by the BORROWER. If the net insurance proceeds are insufficient to pay
<br />the full cost of the replacement, repair and restoration, the BORROWER shall complete the
<br />work and pay any cost in excess of the net proceeds. In the event BORROWER opts to
<br />repay the loan, BORROWER shall remain responsible for the full loan amount outstanding
<br />regardless of the amount of such insurance proceeds or condemnation award,
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<br />Loan Contract
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