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DRAFT - 9/26/01 <br />SECWCD - AURORA IGA <br />applied to some combination of (a) payment by Southeastern to Reclamation for a <br />full credit against Southeastern's contract obligations for Fry -Ark Project costs, <br />credited in the year any such payment is made; (b) development of water <br />conveyance and/or storage facilities (including the Arkansas Valley Conduit) for <br />use in the Arkansas River Basin below Pueblo Reservoir, within Southeastern <br />District boundaries; and/or (c) funding a reserve fund for operation, maintenance <br />and replacement of Fry -Ark Project facilities. However, these payments to <br />Southeastern are nonrefundable even if Southeastern is unable to apply the <br />proceeds to any of these uses. <br />2. Aurora agrees to reimburse Southeastern ten percent (10 %) of <br />Southeastern's legal and lobbying expenses associated with the passage of the legislation <br />described in Section VI. A. above. Southeastern shall bill Aurora for such expenses <br />incurred during the previous calendar quarter, beginning with the fourth quarter of 2001. <br />Aurora shall make such reimbursement payments, together with payments pursuant to <br />Paragraph IV.A.2.a.viii.b of this MOA, to Southeastern within 30 days of receipt of <br />Southeastern's request for payment. Aurora's share of these expenses shall not exceed <br />$15,000 absent further agreement of the parties. <br />3. Aurora commits that whenever it executes a contract with Reclamation <br />pursuant to this IGA for storage of water in Fry -Ark Project facilities it will, in executing <br />such contract, agree to pay the following sums to the Southeastern Colorado Water <br />Activity Enterprise: <br />26 <br />