BOARD00149 ‎(2)‎

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

Party in connection with any work, obligation, authority, or any criteria arising out of this
. Agreement.

13. Governing Law. Nothing in this Agreement is intended to conflict with Colorado law. In
the event a court of competent jurisdiction determines that there is a conflict between Colorado
law and this Agreement, Colorado law shall prevail. Likewise, if a court of competent
jurisdiction determines there is a conflict between Colorado law and federal law under this
Agreement, federal law shall prevail.

14. Termination. This Agreement may be terminated and weather modification permits may be
modified or terminated as follows:

14.1. Nothing herein shall limit the Director's ability to immediately modify, temporarily
suspend, or revoke a weather modification permit in accordance with Colorado law (C.R.S. 36-
20-115). If a permit is so modified, temporarily suspended, or revoked, the Director will notify
the Lower Basin Parties within 10 days, and the Parties will consult to determine whether a new
amendment to this Agreement is necessary.

14.2. A Party may terminate its participation in this Agreement on 30 days notice by providing
written notice to the other Parties. Termination of participation by one Party, except the CWCB,
does not result in termination of the Agreement. Termination by a Party, other than the CWCB,
will result in forfeiture of all Funds paid to the CWCB by that Party, whether spent or not.

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14.3. This Agreement may be terminated in its entirety by written agreement of the Parties or
unilaterally by the CWCB. In the event of complete termination of this Agreement, the CWCB
will refund to the Lower Basin Parties all Lower Basin Party Funds not expended as of the day of
termination.

15. Availability of Information. For Activities performed under this Agreement, all information
and data obtained or developed by CWCB and its operators pursuant to the terms and conditions
of their permit, and between CWCB and its vendors as allowed by their contract shall be
available upon request, except where prohibited by law, to the Parties, without further charge.
However, use of said reports, data, and information shall appropriately reference the source of
such information.

15.1. All Parties recognize that the information developed, exclusive of intra-governmental
communications, is public information and available for release upon request.

16. Counterparts. This Agreement and any amendments thereto may be executed in
counterparts, each of which shall be deemed an original, but all of which, when taken together,
shall constitute one and the same instrument with the same force and effect as though all
signatures appeared on a single document.

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17. Integrated Agreement. This Agreement, and the Exhibit(s), contain the entire understanding
of the Parties with respect to the subject matter hereof, and supersedes any prior understanding
between the Parties, except as set forth herein, whether written or oral.

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