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Within 90 days of agreement on the scope of work on the 210 Pipeline, each Tribe <br /> ("Contributing Tribe") shall identify the funding amount, if any, that it will <br /> contribute to the construction of the 125 Pipeline, which amount shall be applied <br /> to engineering, design, and other preconstruction costs, as well as actual <br /> construction costs. In the event, that neither Tribe determines to contribute to the <br /> construction of the 125 Pipeline,the provisions of Paragraph g. shall apply. <br /> b. A Contributing Tribe shall be entitled to a portion of the capacity in the 125 <br /> Pipeline. LPWWA and each Contributing Tribe shall agree on an allocation of <br /> capacity in the 125 Pipeline prior to the initiation of construction of the 125 <br /> Pipeline. <br /> c. Except to the extent a Contributing Tribe obtains an interest in the 125 Pipeline, <br /> LPWWA shall retain sole ownership of the 125 Pipeline and shall not convey any <br /> ownership interest in the 125 Pipeline without the consent of the other Parties, <br /> d. Consistent with Sections 2.9.a and 2.9.b, LPWWA and each Contributing Tribe <br /> shall agree on the allocation of costs for the engineering, design, other <br /> preconstruction activities and construction prior to the initiation of construction of <br /> the 125 Pipeline. <br /> e. LPWWA and each Contributing Tribe shall be entitled to participate in preparing <br /> the scope of work for an engineering firm or firms to provide engineering services <br /> to design and construct the 125 Pipeline, and to select the engineering firm or <br /> firms. <br /> f. LPWWA shall oversee the construction of the 125 Pipeline unless the Parties <br /> agree otherwise. <br /> g. In the event either Tribe determines not to contribute to the 125 Pipeline, ("Non- <br /> contributing Tribe"), the other Parties shall consult with the Non-Contributing <br /> Tribe, or with both Tribes if both are Non-contributing Tribes, prior to approving <br /> the design of the 125 Pipeline. <br /> 2.10 Effective Date. This Agreement shall become binding on the approval by the governing <br /> bodies of each of the Parties, and shall take effect only when fully executed by authorized <br /> representatives of all parties. <br /> 2.11 Termination. Notwithstanding the provisions of Section 2.12; (a) in the event that <br /> LPWWA fails within two years of the execution date below to obtain funding from <br /> LDWA as described in 2.1 b or alternative funding to carry out its obligations under that <br /> Page 5 of 8 <br />