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• <br /> portions of the Resource Funds approved and released by the Department of <br /> Interior for such use. <br /> b. SUIT shall be entitled to 52.9% of the capacity in the 210 Pipeline as finally <br /> constructed,unless the Parties agree otherwise. <br /> c. UMUT shall be entitled to 26.5% of the capacity of the 210 Pipeline as finally <br /> constructed,unless the Parties agree otherwise. <br /> d. Notwithstanding Sections 2.1 and 2.2, the Parties may agree to allocate costs and <br /> capacity on different basis that allows for the future expansion of the capacity of <br /> the 210 Pipeline or is otherwise intended to meet the future demands of the <br /> Parties. <br /> e. Consistent with Sections 2.1 and 2.2, the Parties shall agree on the allocation of <br /> costs for the design, preconstruction activities, and construction prior to the <br /> initiation of construction of the 210 Pipeline. The Parties shall further agree on a <br /> means to allocate any cost overruns prior to the initiation of construction. <br /> f. The Parties recognize that the Ute Tribes are expected to utilize Resource Funds <br /> for their contributions under this Section and Section 2.8 and agree to work <br /> together to facilitate the use of such funds, including any necessary adjustments to <br /> the schedule or other actions related to the timing of the receipt of such funds. It <br /> is further recognized that in addition to seeking such funds for the costs described <br /> in Section 2.2.a, either Tribe may seek additional funds to assist in carrying out <br /> the tribal activities required by this Agreement. Each Tribe shall promptly seek to <br /> obtain the approval of the Department of the Interior for the release or use of all <br /> such funds consistent with this Agreement. <br /> g. The Parties shall jointly agree on a scope of work for the design of the 210 <br /> Pipeline prior to the selection of an engineering firm or firms to provide <br /> engineering services to design or construct the 210 Pipeline. The Parties shall <br /> then jointly select an engineering firm to provide those services on the 210 <br /> Pipeline. <br /> h. The Parties shall jointly agree on the design of the 210 Pipeline prior to the <br /> initiation of construction. <br /> LPWWA shall oversee the construction of the 210 Pipeline unless the Parties <br /> agree otherwise. <br /> Page of <br />