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CWCB Repayment Contract ALP
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CWCB Repayment Contract ALP
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Last modified
10/24/2016 1:49:02 PM
Creation date
4/2/2013 2:38:13 PM
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Animas La Plata Project
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2 par <br />3 un( <br />4 the <br />6 <br />7 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />and <br />U <br />b) These statutes prohibit any person in the United States from being excluded from <br />cipation in, being denied the benefits of, or being otherwise subjected to discrimination <br />r any program or activity receiving financial assistance from the Bureau of Reclamation on <br />;rounds of race, color, national origin, disability, or age. By executing this contract, the State <br />-s to immediately take any measures necessary to implement this obligation, including <br />sitting officials of the United States to inspect premises, programs, and documents. <br />c) The State makes this agreement in consideration of and for the purpose of obtaining any <br />ill Federal grants, loans, contracts, property discounts, or other Federal financial assistance <br />ided after the date hereof to the State by the Bureau of Reclamation, including installment <br />vents after such date on account of arrangements for Federal financial assistance which were <br />c)ved before such date. The State recognizes and agrees that such Federal assistance will be <br />zded in reliance on the representations and agreements made in this article and that the <br />ed States reserves the right to seek judicial enforcement thereof. <br />d) Complaints of discrimination against the State shall be investigated by the Contracting <br />per's Office of Civil Rights. <br />39. MEDIUM FOR TRANSMITTING PAYMENTS <br />18 <br />a) All payments from the State to the United States under this contract shall be by the <br />19 <br />me ( <br />ium requested by the United States on or before the date payment is due. The required <br />20 <br />met <br />iod of payment may include checks, wire transfers, or other types of payment specified by <br />21 <br />the <br />Jnited States. <br />22 <br />b) Upon execution of the contract, the State shall furnish the Contracting Officer with the <br />23 <br />Sta <br />'s taxpayer's identification number (TIN). The purpose for requiring the State's TIN is for <br />24 <br />col <br />cting and reporting any delinquent amounts arising out of the State's relationship with the <br />25 <br />Un <br />ed States. <br />26 <br />27 <br />40. CONTRACT DRAFTING CONSIDERATIONS <br />28 This Contract has been, negotiated and reviewed by the parties hereto, each of whom is <br />29 sophisticated in the matters to which this Contract pertains. Articles 1 through 24 of this Contract <br />30 ha been drafted, negotiated, and reviewed by the parties, and no one party shall be considered <br />31 to I ave drafted the stated articles. <br />32 <br />33 41. CONSTRAINTS ON AVAILABILITY OF WATER <br />34 (a) In its operation of the Project, the Contracting Officer will use all reasonable means to <br />35 gu rd against a condition of shortage in the quantity of water to be made available to the State <br />36 pui suant to this Contract. In the event the Contracting Officer determines that a condition of <br />37 shc rtage appears probable, the Contracting Officer will notify the State of said determination as <br />38 soc n as practicable. <br />39 If t iere is a condition of shortage because of errors in physical operations of the Project, drought, <br />40 otE cr physical causes beyond the control of the Contracting Officer or actions taken by the <br />41 Co itracting Officer to meet current and future legal obligations, then no liability shall accrue <br />42 ag inst the United States or any of its officers, agents, or employees for any damage, direct or <br />43 in irect, arising therefrom. <br />30 <br />
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