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

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thereto of the other, except that 3PWRAP shall be allowed to assign its rights and obligatzons under the lease Eo CWCB/CDNR, or to a member entity of SPWRAP, or to a successor entity created in whole or in part to accomplish the purposes for which SPWRAP was created. (12) Binding Effect. It is the intent of the parties that this Ageement shall inure to the benefit of the parties, their respective successors and assigns. (13) Recordation. Following execution of Uris Ageement by the Parties hereto, this Agreement may be recorded in the real property records of the Sedgwick County Clerk and Recorder's Office in Julesburg, Colorado. (14) Complete Agreement. This Agreement represents the entire Agreement between the Parties with respect to the funding of construcrion of the HRWP and the allocation af river accretion credits between Lower and SPWRAP. This Agreement supersedes all prior negotiations, representations or agreements with regatd to the matters addressed herein. Neither Party has relied upon any fact or representation not expressly set forth herein. (15) Arbitration. In the event of any claim or dispute arising under this Ageexnent, the Pazties agree to make good-faith efforts to resolve the dispute through negotiation. In the absence of a negotiated resotution, the dispute sha11 be settled by binding arbitration pursuant to the rules of the Amenican Arbitration Association. (16) Notices. Any norices required or permitted hereunder shall be seat to the addresses set forth below, as may be changed from time to time by proper notice. Notice shall be deemed given only if (a) sent by certified mail, retum receipt requested, or (b) sent by nationally recognized ovemight delivery service, and sha11 be deemed given when received. If to DU: Greg Kernohan Program Manager Ducks Unlimited 3624 Platte Drive Ft. Collins, CO 80526 If to Lower: Joe Frank Executive Director Lower South Platte Water Conservancy District 100 Broadway Plaza, Suite 12 Sterling, CO 80751 Ifto CWCB/CDNR: 'j HRWP Project Specific Agr 1-21.09