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C150317 Resolutions and Agreements
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C150317 Resolutions and Agreements
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Last modified
12/19/2014 2:06:03 PM
Creation date
7/8/2014 2:06:32 PM
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Template:
Loan Projects
Contract/PO #
CT2015-013
C150317
Contractor Name
Lake Durango Water Authority
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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1 23 14 <br /> Page 13 of 19 <br /> LDWA to LPWWA at its Points of Delivery, based on the costs identified <br /> in 10.c., and for all other tasks assigned by the Parties. The Rate <br /> Committee may employ consultants. The fee for consultants shall be <br /> shared equally by the Parties. <br /> e. LPWWA may terminate its obligations under this Paragraph 10 when it <br /> determines, in its sole discretion, that it no longer desires to utilize <br /> LDWA's treatment facility. Termination under this subparagraph shall be <br /> effective at the end of the year in which written notification of termination <br /> by LPWWA is given to LDWA at least six (6) months prior to the <br /> termination date. Except as otherwise provided herein, the provisions of <br /> the remaining paragraphs of this Agreement shall survive any termination <br /> of the obligations within Paragraph 10. <br /> 11. Service Area. The Parties agree to the service area boundaries identified on the <br /> attached Service Area Map. Except for the water-dock filling station that will be <br /> operated by the LPWWA, which may be within LDWA's service area, the Parties <br /> shall not serve customers outside their area boundary without written authorization <br /> from each other. <br /> 12. Cooperation and Disclosure. LDWA and LPWWA shall cooperate with one <br /> another in achieving their mutual objective of obtaining a domestic water supply <br /> from Lake Nighthorse via the Water Conveyance System, 125 Pipeline, and the <br /> Lake Durango Pipeline. To that end, the Parties shall disclose material facts from <br /> discussions and/or negotiations with other persons or entities that could affect this <br /> agreement. The Parties shall promptly notify one another of changed <br /> circumstances that impact the spirit of this agreement and the covenants contained <br /> herein. <br /> 13. Funding. It is understood that LDWA's funding for the 210 Pipeline, the 125 <br /> Pipeline, and the Lake Durango Pipeline is from monies that are anticipated to be <br /> received from the CWCB. In the event that LDWA does not receive any funds <br /> from CWCB, LDWA may seek alternate funding. In the event that LPWWA does <br /> not receive any funds from LDWA or otherwise fails to obtain alternative funds for <br /> the projects described herein, LDWA shall be fully relieved of all obligations <br /> described herein and may terminate this Agreement. <br />
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