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d. CREDA will give the Upper Division States the opportunity to participate in the review <br />and comment on Reclamation's OM &R work plans submitted to CREDA under Letter <br />Agreement No. 92 -SLC -0208, dated September 24, 1992. <br />e. Upon request by an Upper Division State, Reclamation will provide technical and <br />administrative support to identify and implement expanded operation, maintenance <br />and replacement activities, including water conservation projects or activities, that <br />would qualify for use of MOA Revenues under this Agreement. Such support will <br />include conducting appraisal -level studies and cost estimates for potential activities <br />and projects that may qualify for funding with MOA Revenues, in addition to <br />performing final project design and implementation or construction management for <br />projects recommended by the Non - Federal Parties for funding with MOA Revenues. <br />The costs to Reclamation of performing these services and related environmental <br />compliance activities shall be paid from MOA Revenues assigned or otherwise <br />allocated to the state(s) in which the project is located. <br />f. Western will update the power repayment study and complete a power rate <br />adjustment process, if and when necessary, to implement the provisions of this MOA <br />in a timely manner. <br />C. General Provisions <br />Consistency with Existing Law This MOA has been developed to be consistent with <br />existing law, including the Upper Colorado River Basin Compact and CRSPA, as <br />amended and supplemented. <br />2. Resolution of Claims or Controversies In the event any dispute or controversy arises <br />out of or relates to this MOA, the Parties agree to exercise their best efforts to resolve <br />the dispute as soon as possible. The Parties shall, without delay, continue to perform <br />their respective obligations under this MOA that are not affected by the dispute. <br />3. Reservation of Rights Notwithstanding the terms of this MOA, the Parties reserve, and <br />shall not be deemed to have waived, any and all rights, including any claims or <br />defenses, they may have as of the date hereof or as may accrue during the term hereof, <br />under any existing federal or state law or administrative rule, regulation or guideline, as <br />applicable, including without limitation the Upper Colorado River Basin Compact, <br />CRSPA, as amended and supplemented and any other applicable provision of federal <br />law, rule, regulation or guideline. Notwithstanding anything in this MOA to the contrary, <br />the terms of this paragraph shall survive the termination or expiration of this MOA. <br />4. No Third -Party Beneficiaries This MOA is made for the benefit of the Parties. No Party <br />to this MOA intends for this MOA to confer any benefit upon any person or entity not a <br />signatory upon a theory of third -party beneficiary or otherwise. <br />5. Joint Defense Against Third -Party Claims The Parties will have certain common, <br />closely parallel, or identical interests in supporting, preserving and defending the MOA. <br />The nature of this interest and the relationship among the Parties present common legal <br />and factual issues and a mutuality of interests. Because of these common interests, the <br />