[Code of Federal Regulations]
[Title 7, Volume 11]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1755.27]

[Page 413-414]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER XVII--RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 1755--TELECOMMUNICATIONS STANDARDS AND SPECIFICATIONS FOR MATERIALS, EQUIPMENT AND CONSTRUCTION--Table of Contents
 
Sec. 1755.27  Borrower contractual obligations.

    (a) Loan agreement. As a condition of a loan or loan guaranteed 
under the RE Act, borrowers are normally required to enter into RUS loan 
agreements pursuant to which the borrowers agree to use RUS standard 
contract forms for construction, procurement, engineering services, and 
architectural services financed in whole or in part by the RUS loan. To 
comply with the provisions of the loan agreements as implemented by this 
part, borrowers must use those contract forms identified in the list of 
telecommunications standard contract forms, set forth in Sec. 1755.30(c) 
of this part.
    (b) Compliance. (1) If a borrower is required by part 1753 to use a 
listed contract form, the borrower shall use the listed contract form in 
the format available from RUS. The forms shall not be retyped, changed, 
modified, or altered in any manner not specifically authorized in this 
part or approved by RUS in writing. Any modifications approved by RUS 
must be clearly shown so as to indicate the difference from the listed 
contract form.
    (2) The borrower may use electronic reproductions of a contract form 
if the contract documents submitted for RUS approval are exact 
reproductions of the RUS form and include the following certification by 
the borrower: I (Insert name of the person.), certify that the attached 
(Insert name of the contract form.), between (Insert name of the 
parties.), dated (Insert contract date.) is an exact reproduction of RUS 
Form (Insert form number), dated (Insert date of RUS form).

________________________________________________________________________
  (Signature)

________________________________________________________________________

[[Page 414]]

  (Title)

________________________________________________________________________
(Employer's Address)

    (c) Amendment. Where a borrower has entered into a contract in the 
form required by 7 CFR part 1753, no change may be made in the terms of 
the contract, by amendment, waiver or otherwise, without the prior 
written approval of RUS.
    (d) Waiver. RUS may waive for good cause, on a case-by-case basis, 
the requirements imposed on a borrower pursuant to this part. Borrowers 
seeking an RUS waiver must provide RUS with a written request explaining 
the need for the waiver.
    (e) Violations. A failure on the part of the borrower to use listed 
contracts as prescribed in 7 CFR part 1753 is a violation of the terms 
of the loan agreement with RUS and RUS may exercise any and all remedies 
available under the terms of the agreement or otherwise.

[64 FR 6500, Feb. 10, 1999]