Project-Specific Agreement- for the Heyborne Recharge and Wildlife Project

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(iii) PRRIP is terminated and no replacement program addressing water related impacts to the species that are the focus of PRRIP is put in place within a reasonable rime; (iv) SPWRAP is dissolved. c.) Terminarion shall be effective 30 days after a notice, provided in accordance with paragraph 15 below, stating the gounds for such termination. SPWRAP shall have no liahility for elechical or other O&M costs inciured a$er the effective date of the termination, end shall be enritled to claim only those credits resulting from pumping that occurred prior to teimination for which Lower was reimbursed. Terminarion as provided herein may be in addidon to, and shall not be in exclusion of other remedies available at law or in equity. . (8) Lower's Genera( Liability Insnrance policy will name CWCB/CDNR and SPWRAP as additional insured with regard to liability arising from the conshuction, operarion and maintenance of HRWP. During the period of HWRP construction only, DU's General Liability Insurance policy will name CWCB/CDNR, SPWRAP and Lower as addihonal insureds with regard to liability arising from the conshvction of HRWP. (9) Risk of Loss. The HRWP facilities buitt within the South Platte River flood plain cannot be insured against casuaity loss due to flooding. 1n the event HRWP facilities aze damaged or destroyed by flood, after consultation with the Parties, SPWR.AP will rebuiId the damaged HWRP facilities, provided the recharge credits are still cost-justified. If the Parties determine the recharge credits are not cost-justified, the Agreement will be terminated pursuant Paragraph 7. Lower will obtain insurance coverage for casualty loss of HRWP facilities due to events such as lighting shikes, theft and vandalism and will document the amount by wlvch such coverage increases the insurance costs it would otherwise bear. SPWRAP will reimburse Lower for this incrementa] incmase in its insurance cost. (10} Wairanties. DU warrants that the construcCion work will be of good quality, free from improper worl�anship and defective materials, and that the HWRP will be constructed in accordance with the Approved Design. DU agrees to comxt al] construction work which proves to be defective in material and/or workmanship within a period of one year following the completion of construction. All warranties of longer than one year duration for equipment and materials incorporated into the HWRP will be assigned by DU to Lower, (11) Assignment. No party hereto shalt assign its rights or delegate its obligarions pursuant to that portion of the Agreement pertaining to the construction and operation of the HRWP without the written consent thereto of all other parties hereto. Neither Lower nor SPWRAP shall assign its rights or obligations pursuant to that portion of the Agreement pertaining to the lease of river accretion credits without the written consent ( HRWPProjectSpecificAgrl.2]-09