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avoid the likelihood of jeopardy from existing and-new water projects. <br />Should the Implementation Program_be terminated for any reason-whatso- <br />ever,--the- Service, ~ in consult-ing under section- ?, agrees, to continue <br />to consider-such appropriations-and acquisitions made by the Board for <br />the benefit of -the listed species:-- to~ function- as a~ reasonable and; pru- <br />dent alternative to avoid the likelihood of jeopardy from existing and <br />new water development: <br />?. The terms of this MOA shall be enforceable by-either party <br />in an action for specific performance in a court of competent juris- <br />diction, - - <br />- a. This MOA does not authorize the Service or any other <br />person, entity, or governmental agency to assert the Board's rights or <br />interests in any judicial or administrative proceeding. <br />b. This MOA shall not create any third party beneficiar- <br />ies and shall not be enforceable by anyone other than the Service and <br />the Board. <br />c. Before commencing~an action to enforce this MOA, the <br />party alleging violation shall notify the other party in writing of <br />the alleged violation and the parties shall make a good Faith effort <br />to resolve their differences through informal discussions. - <br />- 8 . This MOA shall; .apply to- all i-nstream f-low. appropriat-ions and <br />acquisitions _ by the- Board For the. benef -i t - o-f _ t_he l fisted=species i~ .the <br />Upper Colorado River basin; provided, however, that the parties con- <br />template that, pursuant to ~ 37-g2-102~3~, C.R.S., they may enter into <br />separate agreements with respect to any water, water rights, or inter- <br />ests in water which the Board may acquire from the United States, in- <br />cluding any of its agencies, in which case the terms and conditions of <br />such agreements wi-11 control. <br />9. This agreement does not waive any rights of either the Ser- <br />vice or the Hoard~except_as expressly provided herein. <br />NOTICES <br />10. Any n©tice, demand, or request authorized or_required by <br />this MOA shall be deemed to have been given on behalf of the Hoard <br />when mailed, postage prepaid, or delivered to the Regional Director of <br />the Fish and Wildlife Service, P.O. Sox 25486, Denver, Colorad© 80225, <br />and on behalf of the Service, when mailed, postage prepaid, or deliv- <br />ered to the Director of the Colorado Water Conservation Board, 721 <br />State Centennial Building, 1313 Sherman Street, Denver, Colorado <br />80203. The designation of the addressee or the address may be changed <br />by notzce given in the same manner as provided for other notices. <br />-7- <br />