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The City of Needles is a charter city duly authorized and existing under and <br />by virtue of the laws of the State of California and delivers Colorado River <br />water, either directly or by exchange, to portions of Imperial, Riverside, and <br />San Bernardino Counties, California, pursuant to its contracts issued under <br />Section 5 of the Boulder Canyon Project Act of 1928, <br />NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties <br />hereby agree as follows: <br />Article 1 <br />Definitions and Term <br />1.1 Definitions. <br />The definitions in the Interim Surplus Guidelines ("ISG") described in the Record of <br />Decision dated January 16, 2001, and modified by the ROD are hereby incorporated in this <br />Forbearance Agreement. In addition, each of the following terms shall have the meaning <br />defined here. All defined terms shall be identified by initial letter capitalization. <br />A. "Certification Report" shall mean the written documentation provided by a <br />Contractor pursuant to Article 2.5(B) that provides the Secretary with <br />sufficient information to verify the quantity of ICS created and that the <br />creation was consistent with the approved project exhibit, this Forbearance <br />Agreement, the Delivery Agreement, and the ROD. <br />B. ``Colorado River System" shall have the same meaning as defined in the 1922 <br />Colorado River Compact. <br />4 <br />