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<br />u01984 <br /> <br />MEASUREMENT AND RESPONSIBILITY FOR DISTRIBUTION <br /> <br />5. (a) The Contractor agrees to provide and maintain a measuring device, which is <br />acceptable to the Contracting Officer and District, at or near the Contractor's point of diversion, <br />to measure the quantity of water delivered and diverted under this contract. <br />(b) The District will provide an annual accounting to the State of the amount of <br />non-project water carried through Project facilities pursuant to this contract.? <br />(c) Neither the United States nor the District shall be responsible for the control, <br />carriage, handling, use, disposal, or distribution of water taken.by the Cory tractor hereunder, and <br />the Contractor shall hold the United States and District hartri1e~s'bn accou~fofdamage or claim <br />of damage of any nature whatsoever, including property damage, personal injury, or death <br />arising out of or connected with the control, carrt'age, handling, use."disposal, or distribution of <br />. ..~~ <br /> <br />such water by the Contractor. <br />CONDITIONS AFFECTING CARRIAGE AND DELIVERY OF WATER <br />6. (a) Neither the United States noi the,District shall be responsible for the failure to <br />carry water as provided in this contract resultiIlg frornlackof.c~pacity or for any cause beyond <br />the reasonable control of the'XUJ1ited States or the District. The United States and District also <br />reserve the right to~elIlP:farily ce~ls~ deliveries of \Vater through the Mancos Project facilities <br />during periods when thefagmtiesw~4~watered fotinspection, maintenance, and other operating <br /> <br />requirements. <br /> <br />(b) Thec.;o.J!tractor,~~~es Ilot to interfere with any headgate, tapbox, weir, or <br />otherdevic~used by the Di~tJ:ict for the.distribution of water through project facilities by any <br />means whatsoever, and shalln.<)t in any way obstruct the Mancos Inlet and Outlet Canals or any <br /> <br />. .- <br />other project faci~ty or permiljts agents or employees to do so. The District is hereby <br />authorized to cease Carryillgthe water of the Contractor for such periods of time as may be <br />determined by the Dis,triCt if the Contractor, its agents or employees violate the provisions of this <br />article. <br /> <br />DEFAULT OF PAYMENT <br /> <br />7. Non-payment of any portion of any charges provided for in this contract the District, <br />may result in termination of Contractor's right to carriage and delivery of Contractor's non- <br /> <br />33 <br />