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<br />state, and local laws and regulations that are in effect or may hereafter be established
<br />throughout the term of this contract.
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<br />3, Designated Agent Of The CWCS. The CWCB's employees are designated as the
<br />agents of the CW CB for the purpose of this contract.
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<br />4. Assignment. The BORROWER may not assign this contract except with the prior
<br />written approval of the CWCS.
<br />
<br />. 5. Contract Relationship. The parties to this contract intend that the relationship
<br />between them under this contract is that of lender-borrower, not employer-employee.
<br />No agent, employee, or servant of the BORROWER shall be, or shall be deemed to be,
<br />an employee, agent, or servant of the CWCB. The BORROWER shall be solely and
<br />entirely responsible for its acts and the acts of its agents, employees, servants,
<br />engineering firms, construction firms, and subcontractors during the term of this
<br />contract.
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<br />6. Integration of Terms. This contract is intended as the complete integration of all
<br />understandings between the parties. No prior or contemporaneous addition, deletion,
<br />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
<br />!:lmendment hereto shall have any force or effect unless embodied in a written contract
<br />executed and approved pursuant to STATE fiscal rules, unless expressly provided for
<br />herein.
<br />
<br />7, Controlling Terms. In the event of conflicts or inconsistencies between the terms
<br />of this contract and conditions as set forth in any of the appendices, such conflicts or
<br />inconsistencies shall be resolved by reference to the documents in the following order
<br />of priority: (1) Colorado Special Provisions, (2) the remainder of this contract, and (3)
<br />the Appendices,
<br />
<br />8. CWCS May Release Contract. In its sole discretion, the CWCS may at any time
<br />give any consent, deferment, subordination, release, satisfaction, or termination of any
<br />or all of the BORROWER'S obligations under this contract, with valuable consideration,
<br />upon such terms and conditions as the CWCS may determine to be advisable to further
<br />the purposes of this contract or to protect the CWCS's financial interest therein, and
<br />consistent with both the statutory purposes of this contract and the limitations of the
<br />statutory authority Under which it is made.
<br />
<br />9.. Casualty and Eminent Domain. If, at any time, during the term of this contract,
<br />(a) the BORROWER'S PROJECT facilities, including buildings or any portion thereof, are
<br />damaged or destroyed, in whole or in part, by fire or other casualty, or (b) title to or use
<br />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
<br />insurance claim or condemnation award to be applied to the prompt replacement, repair
<br />and restoration of the PROJECT facilities or any portion thereof, or to repayment of this
<br />loan. Any net proceeds remaining after such work has been completed or this loan has
<br />been repaid, shall be retained by the BORROWER. If the net insurance proceeds are
<br />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
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