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uncontrollable force must not result from or be caused by the actions or inactions of the Party <br />claiming force majeure, and, as such, must not be reasonably within the control of the Party <br />claiming force maj eure and not result from its negligence. The affected Party shall, however, <br />remedy «~ith all reasonable dispatch the cause or causes preventing it from carrying out its <br />obligations. <br />VIII. LIABILITIES <br />A. Insurance. Subject to availability of insurance coverage policies issued by <br />insurance companies licensed in the State of Colorado whose business ratings and <br />qualifications and costs of premiums for coverage are acceptable to the River <br />District, which acceptance shall not be unreasonably withheld, the River District <br />shall purchase and maintain during the term of this Amended and Restated <br />Agreement liability insurance which will protect all Parties, including each of the <br />individual Yampa Participants who provide the notice required below, from any <br />claims, damages, actions or causes of action and costs and expenses resulting <br />from the construction, operation, maintenance, repair and use of the Enlarged <br />Reser~~oir by the Parties and the general public. The aggregate insurance <br />coverage limit per occurrence provided hereunder shall be the limit of statutory <br />governmental liability times the number of entities such policy covers, with each <br />of the individual Yampa Participants and Craig being named as additional <br />insureds if they for the Operating Agent on behalf of certain Yampa Participants) <br />notify the River District that they request such status. Once such notice is <br />provided, the Party being named as an additional insured shall continue in that <br />status until notice to the contrary is provided to the River District. Any additional <br />cost to the River District for such coverage over and above any costs for those <br />general liability policies which the River District has in place shall be paid pro <br />rata by the Parties based on their respective percentages of the total amount of the <br />Storage Pools. Promptly upon annual renewal of its policy, the River District <br />shall provide the Yampa Participants with a copy of the insurance policy in effect <br />for that policy year. At the end of every five-year anniversary of this Amended <br />and Restated Agreement, the Parties shall review the insurance coverage obtained <br />and determine among themselves which type of insurance program shall be <br />implemented for the following five-year period. <br />B. Governmental Immunity. ?vothing in this Amended and Restated Agreement <br />waives or is intended to waive any general protections that may be applicable to <br />the Parties under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, <br />et seq., or any other law, except that the Parties are entitled to commence actions <br />for specific performance, injunctive relief, damages, and all other relief or <br />remedies available under Colorado law for breach of this Amended and Restated <br />Agreement, including the following subsection, subject to the provisions of <br />Section VI. herein. <br />12 <br />