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18. It is acknowledged by each member of FVA that absent their voluntary decision to <br /> participate in reoperations, SWD and WWSD preserve any and all rights to object 'to <br /> reoperations. <br /> 19. Each FVA Reoperations Participant agrees to maintain and make available to other FVA <br /> Reoperations Participants upon request therefore, such accounting records as are necessary to <br /> record, the amount of water it has in storage in the 78,000 a.f. of space available for FVA project <br /> water storage, with separate entries for project and non - project water and reoperations and non- <br /> reoperations space. The FVA Reoperations Participants specifically agree to cooperate in the <br /> development of a mutually satisfactory water accounting report form. <br /> 20. Should any FVA Reoperations Participant default in meeting its individual obligations <br /> for implementation and development costs as identified in the Reoperations MOA, the remaining <br /> FVA Reoperations Participants may take the following actions should such default not be cured <br /> within thirty (30) days of the mailing of written notice by the FVA Board to such defaulting <br /> entity: <br /> A. Assume the payment of such costs, at which time the entity or entities making <br /> such payment shall assume the rights to the intended reoperations storage space of the <br /> defaulting party. Absent a written agreement by the remaining FVA Reoperations <br /> Participants to the contrary, such payment shall be by the electing non - defaulting entities <br /> in the same ratio as their participation in reoperations (less the percentage of participation <br /> by the defaulting entity and the non - electing Reoperations Participants); or <br /> B. Take no action with respect to the defaulting entity and allow the Enterprise to <br /> seek such remedies as may be available to it under law or equity. <br /> Such defaulting entity shall not be entitled to reimbursement for any costs and expenses paid <br /> prior to the date of default. <br /> 21. Should any FVA Reoperations Participant default in meeting its individual obligations <br /> relative to: (i) cooperating in the flow management program, (ii) participating in the long term <br /> water quality monitoring program, or (iii) paying any identified surcharges on reoperation <br /> storage, such default shall be addressed as provided in the Reoperation Contract. <br /> 22. In addition to the above, FVA and the individual members of FVA agree that: <br /> A. Neither Security's nor Widefield's failure to exercise its option to participate <br /> hereunder shall prohibit the other entity from electing to participate. <br /> B. This Agreement was made in the State of Colorado, and shall be governed by, <br /> construed, interpreted and enforced in accordancevwith the laws of the State of Colorado. <br /> 5 <br />