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<br />Heavener v020107 <br /> <br />from time to time as the result of sedimentation resurveys to reflect actual <br />rates of sedimentation and the exhibit revised to show the revised storage <br />space allocated to municipal and industrial water supply. <br /> <br />d. The permanent rights of the Authority under this agreement shall be <br />continued so long as the Government continues to operate the Project. In the <br />event the Government no longer operates the Project, such rights may be <br />continued subject to the execution of a separate agreement or additional <br />supplemental agreement providing for: <br /> <br />(1) Continued operation by the Authority of such part of the facility as <br />is necessary for utilization of the water supply storage space allocated to it; <br /> <br />(2) Terms which will protect the public interest; and, <br /> <br />(3) Effective abso1vement of the Government by the Authority from all <br />liability in connection with such continued operation. <br /> <br />ARTICLE 8 - Release of Claims. The Authority shall hold and save the <br />Government, including its officers, agents and employees harmless from <br />liability of any nature or kind for or on account of any claim for damages <br />which may be filed or asserted as a result of the storage in the Project, or <br />withdrawal or release of water from the Project, made or ordered by the <br />Authority or as a result of the construction, operation, or maintenance of the <br />water supply facilities and appurtenances thereto owned and operated by the <br />Authority except for damages due to the fault or negligence of the Government <br />or its contractors. <br /> <br />ARTICLE 9 - Transfers and Assignments. <br /> <br />a. The Authority shall not transfer or assign this agreement nor any <br />rights acquired thereunder, nor suba110t said water supply storage space or <br />any part thereof, nor grant any interest, privilege or license whatsoever in <br />connection with this agreement, without the approval of the Secretary of the <br />Army, or his duly authorized representative, provided that, unless contrary to <br />the public interest, this restriction shall not be construed to apply to any <br />water that may be obtained from the water supply storage space by the <br />Authority and furnished to any third party or parties, nor any method of <br />allocation thereof. <br /> <br />b. Regarding approval of assignments, references to restriction of <br />assignments shall not apply to any transfer or assignment to the United States <br />Department of Agriculture, Rural Economic Community Development (RECD), <br />formerly Farmers Home Administration, or its successor agency, or nominee, <br />given in connection with the pledging of this water storage agreement as <br />security for any loans or arising out of the foreclosure or liquidation of <br />said loans. The Authority will notify the District Engineer in writing 15 <br />days prior to applying for a RECD loan. A copy of the final loan instrument <br />will be furnished to the District Engineer for their record. <br /> <br />ARTICLE 10 - Officials Not to Benefit. No member of or delegate to Congress, <br />or Resident Commissioner, shall be admitted to any share or part of this <br />agreement, or to any benefit that may arise therefrom; but this provision <br />shall not be construed to extend to this agreement if made with a corporation <br />for its general benefit. <br /> <br />ARTICLE 11 - Covenant Against Contingent Fees. The Authority warrants that no <br />person or selling agency has been employed or retained to solicit or secure <br /> <br />5 <br />