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added to this Forbearance Agreement after written approval of all of the Parties. <br />Such approval shall not be unreasonably withheld. <br />3.3 The Parties do not forbear any right to the release or delivery of any water that is <br />not described in Article 3.1. <br />3.4 Forbearance of all Parties is conditioned on the following: <br />A. The execution, by all of the Parties and the Secretary, of a Delivery <br />Agreement that will be a companion to this Forbearance Agreement. <br />B. The adoption by the Secretary of a ROD implementing an ICS program in <br />substantial conformance with the provisions of this Forbearance <br />Agreement and its companion Delivery Agreement. <br />C. The continued implementation of an ICS program that is in substantial <br />conformance with this Forbearance Agreement and its companion <br />Delivery Agreement, including: <br />1. The availability of the verification and appeal process described in <br />Article 2.5(B); <br />2. The establishment and use of an ICS accounting procedure by the <br />Secretary consistent with this Forbearance Agreement and the <br />Delivery Agreement; <br />3. The Secretary's annual declaration of Normal, Surplus (other than <br />Quantified Surplus), or Shortage conditions based on conditions in <br />Lake Mead with consideration of the amount of ICS accumulated <br />by the Parties. The determination of the amount of Quantified <br />Surplus shall not include the volume of accumulated Extraordinary <br />Conservation ICS; and <br />4. The termination of Partial Domestic Surplus as defined in the <br />Record of Decision dated January 16, 2001, upon issuance of the <br />ROD. <br />Article 4 <br />General Provisions <br />15 <br />