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Elkhead Reservoir Final Acquisition Agreement
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Elkhead Reservoir Final Acquisition Agreement
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Last modified
4/15/2016 11:58:53 PM
Creation date
2/26/2009 12:49:41 PM
Metadata
Fields
Template:
Instream Flow Acquisitions
Case Number
02CW0106
Stream Name
Yampa River
Watershed
Yampa River
Water Division
6
County
Routt
Instream Flow Acq - Doc Type
Contracts,MOA/MOU,Leases,Agreements
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Page 17 <br />Storage Project Power Revenues provided for the purposes of this Reservoir <br />Enlargement Agreement for that fiscal year. <br />2. River District. Nothing contained in this Reservoir Enlargement <br />Agreement shall be construed as binding the River District to expend in any <br />fiscal year any sum in excess of appropriations made by the River District Board <br />of Directors for purposes of this Reservoir Enlargement Agreement. <br />E. All of the provisions in this Reservoir Enlargement Agreement shall survive the <br />closing of the conveyance contemplated by paragraph II.A. herein, and shall not <br />merge therev~Tith. <br />XI. Contract Drafting Considerations <br />Paragraphs I through XIII of this Reservoir Enlargement Agreement have been drafted, <br />negotiated, and reviewed by the parties hereto, each of whom is sophisticated in the matters to <br />«.~hich this Reservoir Enlargement Agreement pertains, and no one party shall be considered to <br />have drafted the stated text. <br />XII. Rights and Remedies <br />The parties hereto shall have all rights and remedies provided under law for a breach or <br />threatened breach of this Reser~roir Enlargement Agreement; provided, however, that before <br />commencing any action for enforcement of this Reservoir Enlargement Agreement, the party <br />alleging a breach shall notify the other parties hereto in writing of the alleged breach, and the <br />parties shall make agood-faith effort to resolve their differences through informal consultation. <br />XIII. Authori <br />Each person executing this Reservoir Enlargement Agreement represents and warrants <br />that he or she has been duly authorized by one of the parties to execute this Reservoir <br />Enlargement Agreement, that all approvals (governmental or otherwise) necessary to execute <br />this Reservoir Enlargement Agreement have been obtained, and has authority to bind said party <br />to the terms hereof. <br />
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