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<br />e <br /> <br />e <br /> <br />e <br /> <br />'... ~- ~ <br />000381 <br /> <br />. <br /> <br />. <br /> <br />CHANGES AND DISPUTES <br /> <br />9. a. Should the Steering Committee fail to resolve a dispute, <br />representatives from the Basin States and Reclamation shall <br />attempt to resolve the situation in good faith. <br /> <br />b. Changes to this Agreement shall be in writing and <br />executed by all Parties. <br /> <br />LIABILITY <br /> <br />10. a. Reclamation shall perform its obligations under this <br />Agreement in the capacity of a federal agency. It is neither a <br />co-venturer, agent, employee, nor representative of the <br />Cooperating Partners. The cooperating Partners assume no <br />liability for claims or actions arising solely out of the <br />performance of such work by Reclamation's employees or agents. <br /> <br />b. Liability of the united States resulting from the <br />negligence of its employees shall be governed by the Federal Tort <br />Claims Act (28 U.S.C. 2671, et ~.l. The Cooperating Partners <br />recognize that the Federal Tort Claims Act operates to provide <br />liability coverage for the United States Government and its <br />employees in lieu of ordinary insurance coverage. <br /> <br />COMMENCEMENT AND COMPLETION OF SERVICES <br /> <br />1l. a. Members of the steering committee shall provide input <br />and review major features of the Program Plan, including plan <br />concept, activities, costs, schedules, and any other items or <br />proposed decisions that will have a direct impact on the proposed <br />program. Reclamation shall expeditiously proceed with the work <br />described in Attachment B. The final decision on all aspects of <br />development of the Program Plan shall rest with Reclamation. <br />Reclamation, as Project Manager, shall pursue the work <br />diligently, completing the work in accordance with the schedule <br />found in Attachment B. <br /> <br />b. During the progress of developing the Program Plan, all <br />activities of Reclamation pertaining to the development of this <br />plan shall be open to inspection by the authorized <br />representatives of the Cooperating Partners or their designees. <br /> <br />CONTINGENT ON APPROPRIATION OR ALLOTMENT OF FUNDS <br /> <br />12. a. The expenditure or advance of any money or the <br />performance of any Obligation by the United States under this <br />Agreement shall be contingent upon appropriation or allotment of <br /> <br />4 <br />