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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or that the term of this Agreement is not extended, or upon the withdrawal of any Party
from this Agreement, the Parties reserve, and shall not be deemed to have waived, any
and all rights, including any claims or defenses, they may have as of the date hereof or as
may accrue during the term hereof, under any existing federal or state law or
administrative rule, regulation or guideline, including without limitation the Colorado
River Compact, the Upper Colorado River Basin Compact, the Consolidated Decree in
Arizona v. California, the Colorado River Basin Project Act of 1968, the Mexican Water
Treaty of 1944, and any other applicable provision of federal law, rule, regulation, or
guideline. Nothing in this Agreement shall be utilized against any other Patty in any
administrative, judicial or other proceeding, except for the sole purpose of enforcing the
terms of this Agreement. Notwithstanding anything in this Agreement to the contrary,
the terms of this Paragraph shall survive the termination or expiration of this Agreement,
and shall apply to any withdrawing Party after withdrawal.

13. No Third-Partv Beneficiaries. This Agreement is made for the benefit of the
Parties. No Party to this Agreement intends for this Agreement to confer any benefit
upon any person or entity not a signatory upon a theory of third-party beneficiary or
otherwise.

14. Joint Defense Against Third Party Claims. In the event the Secretary adopts a
ROD in substantial conformance with the Parties' Recommendation as set forth herein,
the Parties will have certain common, closely parallel, or identical interests in supporting,
preserving and defending the ROD and this Agreement. The nature of this interest and
the relationship among the Parties present common legal and factual issues and a
mutuality of interests. Because of these common interests, the Parties will mutually
benefit from an exchange of information relating to the support, preservation and defense
of the ROD and this Agreement, as well as from a coordinated investigation and
preparation for discussion of such interests. In furtherance thereof, in the event of any
challenge by a third party as to the ROD or this Agreement (including claims by any
withdrawing Party), the Parties will cooperate to proceed with reasonable diligence and
to use reasonable best efforts in the support, preservation and defense thereof, including
any lawsuit or administrative proceeding challenging the legality, validity or
enforceability of any term of the ROD or this Agreement, and will to the extent
appropriate enter into such agreements, including joint defense or common interest
agreements, as are necessary therefor. Each Party shall bear its own costs of participation
and representation in any such defense.

15. Reaffirmation of Existing Law. Nothing in this Agreement or the Parties'
Recommendation is intended to, nor shall this Agreement be construed so as to, diminish
or modify the right of any Party under existing law, including without limitation the
Colorado River Compact, the Upper Colorado River Basin Compact, the Consolidated
Decree in Arizona v. California, or the Mexican Water Treaty of 1944. The Parties
hereby affirm the entitlement and right of each State under such existing law to use and
develop the water of the Colorado River System.

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