BOARD00040 ‎(2)‎

• Board Meeting Date: 9/20/2006
• Description: WSP Section - Platte River Cooperative Agreement
• Board Meetings - Doc Type: Memo

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For Negotiation Purposes

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a. Definitions. Capitalized terms that are not defined in this MoA shall have the
same meaning as they are given in the PRRIPCA.

b. Notices. Any notice, demands or other communications required or desired to be
given under any provision of this MoA shall be given in writing, delivered
personally or sent by certified or registered mail, return receipt requested, postage
pre-paid, addressed as follows:

To Colorado:
Director
Colorado Water Conservation Board
1313 Sherman Street, Room 721
Denver, Colorado 80203

Water Unit Supervisor
Division of Wildlife
6060 Broadway
Denver, CO 80216

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To SPWRAP:
President
SPWRAP, Inc.
220 Water Avenue
Berthoud, CO 50513

or at any other such address as either party may hereafter, from time to time,
designate by written notice to the other party given in accordance with this
paragraph. Notice shall be effective upon receipt.

c. Headings for Convenience Only. Paragraph headings and titles contained in this
MoA are intended for convenience and reference only and are not intended to
define, limit, or describe the scope or intent of any provision ofthis MoA.

d. Amendment. This MoA may be modified, amended or changed in whole or in
any part only by an agreement in writing duly authorized and executed by
Colorado and SPWRAP with the same formality as this MoA.

e. Waiver. The waiver of any breach of any provision of this MoA by either
Colorado or SPWRAP shall not constitute a continuing waiver of any subsequent
breach of said party, either for breach of the same or for breach of any other
provision of this MoA.

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f. Non-Severability. Each paragraph of this MoA is intertwined with the others and
is not severable unless by written mutual consent of both Parties. If any portion
of this MoA is held invalid or unenforceable for any reason by a court of

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SPWRAP-DNR MoA 08-14-06