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<br />-'. <br /> <br />amount of the interest accrued during PROJECT completion shall be calculated by the STATE <br />and the BORROWER shall repay that amount to the STATE either within ten (10) days after the <br />date the STATE determines that the PROJECT has been substantially completed, or, at the <br />STATE'S discretion, the amount shall be deducted from the final disbursement of loan funds <br />that the STATE makes to the BORROWER. <br /> <br />b. Final loan amount. In the event that the final loan amount is less than the authorized loan <br />amount, the STATE shall apply the remaining loan funds to prepayment of the loan if the <br />remaining funds equal less than 10% of the authorized loan amount. If the remaining loan <br />funds equal more than 10% of the authorized loan amount, the STATE may apply those funds <br />to prepayment of the loan with the BORROWER'S consent, or the parties may execute a <br />REVISION LETTER as described below to document the final loan amount. When applying any <br />remaining loan funds to prepayment of the loan, the STATE shall reamortize the actual amount <br />disbursed over a reduced term, with the annual payment amount remaining unchanged. <br /> <br />7. Warranties. The TOWN and the BORROWER warrant the following: <br /> <br />a. By the Borrower's acceptance of the loan money pursuant to the terms of this contract and <br />by their representations herein, the TOWN and the BORROWER shall be estopped from <br />asserting for any reason that the BORROWER is not authorized or obligated to repay the loan <br />money to the STATE as required by this contract. <br /> <br />b. Both the BORROWER and the TOWN have full power and authority to enter into this contract. <br />The execution and delivery of this contract and the performance and observation of its terms, <br />conditions and obligations have been duly authorized by all necessary actions of the <br />BORROWER and the TOWN. <br /> <br />c. The BORROWER and the TOWN have not employed or retained any company or person, other <br />than a bona fide employee working SOlely for the BORROWER and/or-the TOWN, to solicit or <br />secure this contract. The BORROWER and the TOWN have not paid or agreed to pay any <br />person, company, corporation, individual, or firm, other than a bona fide employee. any fee, <br />commission, percentage, gift, or other consideration contingent upon or resulting from the <br />award or the making of this contract. <br /> <br />d. The Town of Georgetown Water and Sanitation Enterprise Fund is an enterprise legally <br />created and maintained in compliance with S 37-45.1-101, et seq., C.RS., and Article X, <br />Section 20 of the Colorado Constitution, and has authority to enter into this contract with the <br />STATE. The BORROWER and/or the TOWN shall immediately notify the STATE in writing if the <br />circumstances which formulate the basis of this warranty change. <br /> <br />e. The BORROWER and the TOWN agree not to terminate or dissolve the BORROWER, nor <br />adversely withdraw or deplete its assets, nor otherwise adversely affect the BORROWER'S <br />ability to perform during the term of this contract. The collateral identified in the Collateral <br />Provisions of this contract is not encumbered by any other liens or in any other manner. <br /> <br />f. The specific revenues to be pledged to repay the STATE under this contract shall be water <br />user charges and fees, the establishment of which have been authorized by ordinance of the <br />TOWN. The BORROWER hereby pledges sufficient annual revenues to pay the annual <br />installment amount pursuant to the Promissory Note provisions of this contract, and hereby <br />agree to establish a separate account into which all such moneys shall be deposited. <br /> <br />8. Pledge of revenues. The BORROWER hereby irrevocably pledges to the STATE, for purposes of <br />repayment of this loan, water system revenues levied for that purpose as authorized by resolution <br />or ordinance of the TOWN. Further, the TOWN and the BORROWER agree to: <br /> <br />Town of Georgetown & Town of Georgetown <br />Water and Sewer Activity Enterprise <br /> <br />Page40f11 <br />