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2.3 License Agreement. The Parties shall develop a license for the Water Conveyance <br /> System with the Bureau of Reclamation that meets the Parties' needs and thereafter own <br /> the license. The Parties may not convey any ownership interest in the license without the <br /> consent of the other Parties. <br /> 2.4 Escrow Agreement. All funding subject to the terms of this Agreement shall be subject <br /> to appropriate escrow agreements which shall be executed by the Parties prior to the <br /> expenditure of any such funds. <br /> 2.5 Operating Agreement. The Parties shall use their best efforts to enter into an operating <br /> agreement prior to any water deliveries from the Water Conveyance System. In the event <br /> of a demand for water from the Water Conveyance System on account of the inability of <br /> any Party, or LDWA, to meet its reasonable water demands prior to the execution of the <br /> operating agreement, the Parties shall enter into a temporary agreement, consistent with <br /> Section 2.6, to address the costs of operating the Water Conveyance System. The Parties <br /> shall not unreasonably withhold consent to an operating agreement or any temporary <br /> agreement. <br /> 2.6 OM&R Prior to the Ute Tribes Use of the Water Conveyance System for the Delivery of <br /> Water. LPWWA shall be responsible for all operation, maintenance and repair <br /> ("OM&R") costs (both fixed and variable), which costs shall include insurance, for the <br /> Water Conveyance System and the 125 Pipeline until either SUIT or UMUT makes use <br /> of the Water Conveyance System to deliver water for its own use or pursuant to <br /> agreement with another party. LPWWA shall consult with the Ute Tribes annually <br /> regarding its OM&R activities. <br /> 2.7 OM& R Subsequent to the Ute Tribes' Use of the Water Conveyance System. Allocation <br /> of OM&R costs after the delivery of water to either the UMUT or SUIT for its own use <br /> or pursuant to agreement with another party shall be addressed in the operating <br /> agreement. <br /> 2.8 LDWA Participation. Nothing in this Agreement prohibits or authorizes LDWA from <br /> participating in any of the planning, oversight, or other activities related to the design and <br /> construction of the 210 Pipeline in which.LPWWA is entitled to participate. <br /> 2.9 Additional Tribal Capacity and Engineering for the 125 Pipeline. <br /> a. The Parties shall determine the route for the 125 Pipeline prior to the finalization <br /> of the scope of work for the 210 Pipeline under Section 2.2.g of this Agreement. <br /> Page 4 of 8 <br />