ALP 15

provide the Treasurer with an overall investment plan for management of the funds. Such plan may
be changed from time to time at the sole discretion of the Authority, and the Authority's specific
investment decisions may vary from the plan. The Treasurer will provide the Depositors a monthly
statement of the account showing cash on deposit and investments. The statement will be issued on
the regular schedule for such statements of the Treasurer's office.
4. Late Payment or Performance: Subject to Schedule A, which shall control in case of
conflict, the Treasurer may accept any payment or performance called for under this Agreement after
the date such payment or performance is due, unless subsequent to such a date, but prior to the actual
date of payment or performance, the Treasurer is instructed in writing by a Depositor not to accept
such payment or performance.
5. Waivers: The failure of any party to the Agreement at any time or times to require
performance to any provision under this Agreement shall in no manner affect the right at a later time
to enforce the same performance. A waiver by any party to the Agreement of any such condition or
breach of any term, covenant, representation or warranty contained in this Agreement, in any one or
more instances, shall neither be construed as a further or continuing waiver of any such condition
or breach nor a waiver of any other condition or a breach of any other term, covenant, representation
or warranty contained in this Agreement.
6. Termination: Termination shall be in accordance with Schedule A. In addition to
and not withstanding the provisions of Schedule A, the parties hereby agree that the Treasurer shall
upon receipt of the certification of the Attorney General of the State of Colorado and a Resolution
duly passed by the Board of Directors of the Colorado Water Resources and Power Development
Authority, delivered by certified mail to the Treasurer with copies to the Depositors, that the
Amended Agreement and Instructions for Administering Escrow Account between the United States
Department of the Interior and the Colorado Water Resources and Power Development Authority,
Animas -La Plata Project Colorado and New Mexico (Schedule A) is terminated, return all remaining
Escrowed Property, including any interest or earnings thereon, to the Colorado Water Resources and
Power Development Authority or its successors or assigns, after which this Agreement shall be
deemed terminated.
9. Extension of Benefits: All of the terms of this Agreement shall be binding upon, and
shall inure to the benefit of and be enforceable by the respective successors and assigns of all of the
parties to the Agreement.
8. Count=arts: This Agreement may be executed in several counterparts, each of
which when executed shall be deemed to an original, and all of which counterparts shall together
constitute one and the same instrument.
9. Amendment: This Amendment may be amended, modified, superseded, rescinded,
or canceled only by a written instrument executed by the Depositors and the Treasurer. The
Treasurer shall not unreasonably withhold consent to amend when it is requested by the Depositors.
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