BOARD00166 ‎(3)‎

• Board Meeting Date: 5/22/2007
• Description: OWCDP Section - Colorado Foundation for Water Education FY08 Program Scope of Work
• Board Meetings - Doc Type: Memo

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Recommendation and this Agreement into the ROD, as appropriate to
effectuate the material terms of the Parties' Recommendation. If during the
course of the NEP A Process any new information becomes available which
causes any Party, in its sole and absolute discretion, to reassess any provision
of the Parties I Recommendation and this Agreement, that Palty shall
immediately notify a11 other Parties in writing. The Parties shall jointly
consult and, if they agree to any modification of the Parties' Recommendation
or this Agreement, shall consult with the Secretary to advise himlher of such
modification and request the adoption thereof in the ROD.

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B. If after such consultations it is apparent there is an irreconcilable conflict
between the Parties as to such modification, then any Party may upon written
notice to the other Parties withdraw from this Agreement, and in such event
this Agreement shall no longer be effective or binding upon such withdrawing
Party. All withdrawing Parties hereby reserve all rights upon withdrawal from
this Agreement to take such actions, including support of or challenges to the
ROD, as they in their sole and absolute discretion deem necessary or.
appropriate. In the event of the withdrawal of anyone or more Parties from
this Agreement, this Agreement shall continue in full force and effect as to the
remaining Parties. The remaining Parties may consult to determine whether to
cOntinue this Agreement in effect, to amend this Agreement, or to telminate
this Agreement. In the event of termin~tion, all Parties shall be relieved from
the terms hereof, except as provided in Paragraph 10, and this Agreement
shall be of no fUl1her force or effect.

4. ROD Consistent with the Parties' Recommendation and this Agreement. In
the event the Secretary adopts a ROD in substantial conformance with the Parties'
Recommendation and this Agreement, the Parti~s sha11 take all necessary actions to
implement the terms of the ROD, including the approval and execution of agreements
necessary for such implementation.

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5. ROD Inconsistent with the Parties' Recommendation and this Agreement. In
the event the Secretary adopts a ROD that any Party, in its sole and absolute discretion,
determines is not in substantial conformance with,the Parties' Recommendation and this
Agreement, such Party shall immediately notify all other Parties of such determination in
writing. The Parties shall jointly consult, and consult with the Secretary as necessary, in
order to determine whether the ROD is in substantial conformance with the Parties'
Recommendation and this Agreement, or whether any action, including the amendment
of this Agreement, may resolve such concern. If after such consultation it is apparent
there is an irreconcilable conflict between the ROD and the concerns of such Party, then
such Party may upon written notice to the other Parties withdraw from this Agreement,
and in such event this Agreement shall no longer be effective or binding upon such
withdrawing Party. All withdrawing Parties hereby reserve all rights upon withdrawal
from this Agreement to take such actions, including support of or challenges to the ROD,
as they in their sole and absolute discretion deem necessary or appropriate. In the event
of the withdrawal of anyone or more Parties from this Agreement, this Agreement shall

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