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b. <br />B. The Service determines that the Program is no longer needed to recover or <br />offset the likelihood of jeopardy to the target species in the Platte River <br />Basin; or . <br />C. The Service declares that the target species in the Platte R.iver Basin are <br />extinct; or <br />D. Federal legislation is passed or federal regulatory action is taken that <br />negates the need for (or eliminates) the Program. <br />E. The Program is terminated in accordance with the Program Agreement. <br />7. Water User may withdraw from this Recovery Agreement upon written notice to <br />the Service. If Water User withdraws, the Service may request reinitiation of consultation on <br />Water Project without reinitiating other consultations as would otherwise be required by the <br />reinitiation provisions in the Program and PBO. <br />8. In the event the Service reinitiates consultation on Water TJser's Water Project for <br />any reason, Water User shall not be precluded from asserting in any future proceeding any claim, <br />defense or challenge to the legal, scientific or technical basis for the imposition of any reasonable <br />and prudent alternatives based on the signing of this Recovery Agreement, nor based on the fact <br />that the Service had previously issued one or more biological opinions containing the facts, <br />analyses, opinions or conclusions on which the Service then seeks to rely, <br />Water User Representative <br />Date <br />U.S. Fish and Wildlife Service Date <br />3