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<br />'- <br /> <br />Draft 12.11.06 I <br /> <br />of this Agreement shall be an action in a court of comp~tent jurisdiction to (i) contest a decision <br />by the Association to withhold water resulting from an Jncured default by a Party/Member or (ii) <br />seek judicial declaratory and/or injunctive relief to enfotce rights and obligations arising under <br />this Agreement. 1 <br /> <br />4.9 No Assumption of Obligations. It is the intention of the Parties that in every case <br />where liability is established against the Association, only Association assets, funds, and <br />insurance shall be available to satisfy such liability. i <br />I <br /> <br />4.10 Multiple Originals. This Agreement ma~ be simultaneously executed in any <br />number of counterparts, each of which shall be deemed an original, but all of which constitute the <br />same Agreement. i <br /> <br />4.11 Definitions and Interpretations. Except J otherwise provided herein, nouns, <br />pronouns and variations thereof shall be deemed to refer1to the singular or plural, and masculine <br />or feminine, as the context may require. Any reference tb a policy, procedure, law, regulation, <br />I <br />rule or document shall mean such policy, procedure, lawi regulation, rule or document as it may be <br />amended from time to time. <br /> <br />. <br /> <br />" <br />4.12 No Construction Against Drafter. This Agreement has been prepared by the <br />combined efforts of the Parties and their respective legal ~counsel and, accordingly, the Parties <br />agree there shall be no construction against the drafter o~! this Agreement should any dispute arise. <br /> <br />4.13 Headings for Convenience On Iv. Paragraph headings and titles contained herein <br />are intended for convenience of reference only and are not intended to define, limit, or describe <br />the scope of intent of any portion of this Agreement. I <br /> <br />. <br /> <br />SIGNATURE BLOCKS FOR PARTIES (and approval ofform by counsel?] <br />EXHIBIT A l <br /> <br />I <br />ANIMAS LA PLAT A PROJECT <br />I <br />COST ALLOCATION AND WATER RELEASE OPERATION AGREEMENT <br />I <br /> <br />9 <br /> <br />. <br />