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I <br /> FVA REOPERATIONS MOA <br /> FVA and such Member Participant have fully satisfied their entire obligations for <br /> their shares of all implementation and development costs pursuant to i(i[ IV.A.2 <br /> and 3 and V.A hereof, the party making such election shall have no further <br /> obligation under this MOA. <br /> • <br /> a. The FVA Participants intend that any such Reoperation Contract <br /> shall provide for storage of non - Project water at rates established <br /> by the'United States, after consultation with the District, Enterprise <br /> and Implementation Committee, and agree that such rates must be <br /> sufficient to assure that Reoperation Storage will not result in any <br /> adverse impacts to the financing, repayment, operation, <br /> maintenance and replacement of the Fryingpan - Arkansas Project. <br /> b. Each FVA Participant commits that if it executes a Reoperation <br /> Contract it will, in executing such contract, agree to pay surcharges <br /> on Reoperation Storage (the "WWSC Surcharges ") in the amount <br /> set by the Enterprise's Board of Directors in its good faith <br /> discretion, for the purpose of mitigating effects of Reoperations on <br /> the Winter Water Storage Program by providing a credit toward <br /> purchase of Project Water when Winter Water is spilled, as set <br /> forth in the PSOP Report and Implementation Committee Report. <br /> Such WWSC Surcharges will be assessed in addition to the <br /> Enterprise's surcharges on sales of Project Water, sales of return <br /> flows from Project Water, Winter Water Storage, storage under <br /> temporary contracts in the Fry-Ark Reservoirs, and on carryover <br /> storage of water (both Project Water and non - Project water) in the <br /> Fry -Ark Reservoirs, which surcharges are in addition to the <br /> contractual rates for water and/or storage service paid to the <br /> District or the United States, and are set from time to time by the <br /> Enterprise's Board of Directors in its good faith discretion. <br /> 8. Each FVA Participant shall bear its own costs for any efforts necessary to <br /> secure its own Reoperation Contract, beyond the scope of the joint effort <br /> financed by and through the Enterprise as provided in this MOA, and shall <br /> be responsible for compliance with all terms and conditions imposed by <br /> the United States in such Reoperation Contract. <br /> 9. Each FVA Participant makes the following commitments, with the <br /> expectation that these commitments will be reflected in any Reoperation <br /> Contract entered into by the FVA or a Member Participant: <br /> -7- <br />