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monitoring and the FERC-approved monitoring plan, and will be subject to the <br />0 overall cost limitations of that plan. <br />4. The Servicc provides an Tncidental Take Statement and supporting Biological <br />Opinion incorporating the operating commitments in Aprendix A coincident wifh <br />the signing of this agreement. <br />5. The term of this agreement shall coincide with the term of Central FERC license <br />unless terminated by either par.ty upon at least 60 days notice. <br />6. With the mutual consent of the parties and of the Nebraska Public Power District <br />for so long as NPPD purchases Central's power, adjustments to the time of day of <br />daily flow increases in the operating commitments ia Appendix A may be made <br />seasonally due to seasonal river flow conditions and/or long term patterns of use <br />• by whooping cranes downstream of the J-2 Rcturn. Requests for such changes <br />will be made if feasible as part of the development of the EA Manager's annual <br />plan, and at least ten (10) days prior to scheduled cycling. <br />7. In the event allowable incidental take is exceeded, Central shall inform the <br />Service immediately and, in coordination with the Service, attcmpt to <br />expeditiously resolve the issue. The Parties agree that Central should continue to <br />operate consistent with the Agreement pending evaluation, discussion and <br />resolution of take issues. The Parties retain the option to modify the Agreement <br />by mutual consent. <br />• <br />Water Year 2008 EA AOP 24 October 15, 2007