BOARD00149 ‎(2)‎

• Board Meeting Date: 3/12/2007
• Description: WSP Section - Colorado River - Weather Modification Cooperative Agreement Issues
• Board Meetings - Doc Type: Memo

7.1. The Operations services to be perfoJed under this Agreement will be performed only by
entities permitted by the CWCB for weath~r modification. Copies ofthe permits for each
weather modification project that is subject to this Agreement will be provided to the Lower
Basin Parties upon reque:st. A description ~fthe Operations, generally, to be performed for each
Water Year shall be included in any Exhibit to this Agreement.
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7.2. Any Evaluation Component(s) to be cbnducted as part of any Water Year will be performed
as described in the Exhibits. I

7.3. Routine and day-to-day communicati9ns under this Agreement shall be between Mr. Rod
Kuharich, Director of the: CWCB and Mr. qJerald R. Zimmerman, Secretary of the Six Agency
Committee, who will act of behalf of the L?wer Basin Parties, or their designees or successors.
The Parties may change these designated c9ntacts by written notification to all other Parties.

8. Commencement and Completion of Services. The Parties may provide input and review on
major features of the Activities, including cpsts, schedules, and any other items or proposed
decisions that will have a direct impact on tpe proposed Activities funded pursuant to this
Agreement and its Exhibits. I

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9. Exhibits. This Agreement may be amenaed yearly by Exhibits duly executed by the Parties.
These amendments to the Agreement shall 4escribe the Activities to be implemented in any
Water Year, and shall contain at a minimum: (1) a detailed description of that Water Year's
cloud seeding objectives; (2) the amount offtnancial contributions from the Lower Basin Parties;
and (3) a budget and implementation schedttle for the Water Year. .

9.1. Nothing in this Agreement shall preclupe a Lower Basin Party from executing an
amendment to this Agreement with CWCB ~ithout the participation of another Lower Basin
Party. In this event, the terms of such an aIl1endment will apply only to the Parties executing that
amendment. Any Lower Basin Party conteqtplating entering into an amendment without
participation by another Lower Basin Party shall provide written notice to the other Lower Basin
Parties at least 60 days before execution the~eof and shall provide a copy of the executed
amendment within 30 days of execution.

10. Modification. The Agreement or any aItiendments thereto may by supplemented, amended,
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or modified only by written agreement.

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11. Joint Defense Against Third Party Claims. The Parties may in the future enter into an
agreement for joint defense against third party claims.

12. Liability. The CWCB shall ensure that each of its weather modification vendors maintains a
valid general liability insurance policy for $1!,000,000, adds the Parties as insured parties as part
of the vendor's insurance policy, and provid~s a copy of an ACORD form to the Lower Basin
Parties.

12.1. No Party, its directors, officers, agents,1 employees or authorized volunteers shall be
responsible for any damage or liability occw1ing by reason of an act or omission of any other

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