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1l/JJY06 DRAFT Showing Challl!.eS li"om I)rali scntlo Sccrelary 02" 03/0() comply with any request by the Secretary for consultation in order to resolve any claim or controversy. In addition, any State may invoke the provisions of Article VI of the Colorado River Compact. Notwithstanding anything in this Agreement to the contrary, the terms of this Paragraph .;;hall survive for a period of five years following the termination or expiration of this Agreement, and shall apply to any withdrawing Party after withdrawal for such period. II., Reservation of Rights. Notwithstanding the terms of this Agreement and the Parties' Recommendation, in the event that for any reason this Agreement is terminated, or that the term of this Agreement is not extended, or upon the withdrawal of any Party from this Agreement, the Parties reserve, and shall not be deemed to have waived, any and all rights, including any claims or defenses, they may have as of the date hereof or as may accrue during the term hereof, under any existing federal or state law or administrative rule, regulation or guideline, including without limitation the Colorado River Compact, the Upper Colorado River Basin Compact, the Decree in Arizona v. California, the Colorado River Basin Project Act of 1968, and any other applicable provision of federal law, rule, regulation, or guideline. Nothillli.i!llhis A~n-:ement shall be utilized al!.ainst any othcr Party in any administrative, iudicial or othcr procecding. except for the sole purpose of ent()rcing the terms oCfui_s A!!r\?ement. Nll(\vithstanding anything in this A~reement to the contrary, the terms of this Paragmph shall survive the termination or expiration of this Agreement. and sh!llliQQlYJ.9 any withdrawing Party atkr withdrawal. 12. No Third-Party Beneficiaries. This Agreement is made for the benefit of the Parties. No Party to this Agreement intends for this Agreement to confer any benefit upon any person or entity not a signatory upon a theory of third-party beneficiary or otherwise. lJ. Joint Defense Against Third Party Claims. In the event the Secretary adopts a ROD in substantial conformance with the Parties' Recommendation as set forth herein, they will have certain common, closely parallel, or identical interests in supporting, preserving and defending the ROD and this Agreement. The nature of this interest and the relationship among the Parties present common legal and factual issues and a mutuality of interests. Because of these common interests, the Parties will mutually benefit from an exchange of information relating to the support, preservation and defense of the ROD and this Agreement, as well as from a coordinated investigation and preparation for discussion of such interests. In furtherance thereof, in the event of any challenge by a third party as to the ROD or this Agreement (including claims by any withdrawing Party), the Parties will cooperate to proceed with reasonable diligence and to use reasonable best efforts in the support, preservation and defense thereof, including any lawsuit or administrative proceeding challenging the legality, validity or enforceability of any term of the ROD or this Agreement, and will to the extent appropriate enter into such agreements, including joint defense or common interest agreements, as are necessary therefor. Each Party shall bear its own costs of participation and representation in any such defense. to I Deleted: I iDeI~:I~ I Deleted: 10 . : Deleted: 12 ( -- -.-- ---"- ----. - ------ -.' Deleted: 4 -- -. -~ -" ----- - ----- .