CWCB Repayment Contract ALP

I annually report to the State the dollar amount of the Non - Contract Costs and all other
2 construction costs.
3 0) The United States has consulted and will consult annually with the State concerning the
4 allocation of construction costs and any interest during construction to be payable by the State
5 under this Contract. The Use of Facilities Procedure, whereby each participant is allocated its
6 share of joint costs proportionate to its use of joint facilities, is the methodology used to allocate
7 construction costs for the Project, and it will not be changed for the administration of this
8 Contract.
9 (k) All payments required under this Contract are due on the specified due date and will be
10 made by electronic fund transfers.
11 (1) Pursuant to section 9(c)(1) of the Reclamation Project Act of 1939, 43 U.S.C. § 485h,
12 following payment of the Final Repayment Obligation or as adjusted pursuant to Article 7, all
13 other contract terms will remain in full force and effect for the Useful Project Life, or until
14 mutually agreed upon by the State and the United States.
15 (m) Upon payment of the State's Final Repayment Obligation as defined in the final cost
16 allocation or as adjusted pursuant to Article 7, the State's Project allocation shall not be subject to
17 relinquishment to the Secretary for any reason, subject to applicable law.
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19 8. ALTERNATIVE DISPUTE RESOLUTION
20 (a) If a dispute pertaining to the terms of this contract should arise between the State and
21 the United States, each party shall communicate in good faith and seek to resolve the dispute
22 expeditiously and amicably. Prior to seeking judicial review of the final cost allocation, the State
23 may pursue non - binding Alternative Dispute Resolution ( "ADR ") of any issue arising out of the
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