BOARD00151 ‎(2)‎

• Board Meeting Date: 3/12/2007
• Description: WSP Section - Animas-La Plata Project Updates - Intergovernmental Agreement Establishing the ALP Operations and Maintenance Association and Proposed Concept Paper
• Board Meetings - Doc Type: Memo

representative/alternate of a Member to participate in a meeting of the Management Committee
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thereof through the use of any means of communication by which all representatives/alternates
participating in the meeting can hear each other duri~g the meeting. A representative/alternate
participating in a meeting in this manner is deemed to be present in person at the meeting.

3.11 Provision of Insurance. By action ofthl Management Committee, the Association
may purchase and maintain insurance, in such scope arid amounts as the Management Committee
deems appropriate, on behalf of any person who is or Jas an officer, employee, fiduciary or agent
of the Association, or who, while an officer, employeb, fiduciary or agent of the Association, is
or was serving at the request of the Association as an dfficer, employee, fiduciary or agent of any
other foreign or domestic profit or nonprofit corporation or of any partnership, joint venture,
trust, profit or nonprofit unincorporated association, Iirhited liability company, other enterprise or
employee benefit plan, against any liability asserted a~ainst, or incurred by, him in that capacity
or arising out of his status as such, whether or not the Association would have the power to
indernnify him against such liability under applicable I~w. Any such insurance may be procured
from any insurance company designated by the Manag~ment Committee, whether such insurance
company is formed under the laws of Colorado or an~ other jurisdiction of the United States or
elsewhere. .

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4. MISCELLANEOUS

4.1 Effective Date. This Agreement shall take effect and become binding upon
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approval by the governing bodies of each of the Parties.lt shall continue in full force and effect
until mutually terminated by the Parties, their successors: or assigns to this Agreement, or until
terminated by a court oflaw. Notwithstanding the previo'us sentence, the Bureau of Reclamation
shall assume the operations and maintenance of ALP before the Parties are released from their
duties, responsibilities and obligations under this AgreeriIent.
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4.2 Default. In the event that any PartylMember defaults in meeting its respective
obligations under this Agreement and such default contirlues for a period exceeding fifteen (15)
days, the Association, through the Management Committee, shall provide notice of the default to
the defaulting PartylMember and the defaulting PartylM~mber shall have a period of sixty (60)
days from the date of the notice in which to cure the defAult. A default may be cured by the
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payment of all amounts past due, plus default interest at 12 percent per annum from the date of the
default, and ~~e~J~~. !h~ .Y:~~~ .<?f p'a}'!!le~!. .sh~~~. !>.~.~e~j~~!.~~H'.l. th~. ~.l.l~~g .~~~tMe~~.~~~ .Jf!~.~_..... ___.. { Deleted: delivery ofwa
default is not cured within the sixty-day cure period, then the Management Committee by a vote
of the majority of a quorum as set forth in section 3.6..1??~I3'~.~.P~~.~'?*.~.!()Jh~.~ef~~!~.~gmh_..hU......'...{ Deleted: of seven
Party/Member, withhold water otherwise due that Party/Member until the default is resolved to
the satisfaction of the majority of the non-defaulting Me4bers voting to withhold the water. The
withholding of water as set forth herein shall be the only temedy applied by the PartieslMembers
and the Association against a PartyfMember in Default, e~cept for (i) judicial declaratory and/or
injunctive relief as set forth in section 4.7 and 4.8, and (ii) relief from the Secretary of the Interior
. The Management Committee may lease..f'.l~.~<>-.~~~~J~~~.~n.~.y.ea.~..Jh~_~~!~~.w.Hh~~l~J?Xum..u.../{ Deleted: tothirdpartirs

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