C150103 Contract

• Applicant: Lower Arkansas Water Management Association
• Grant Type: Severance Tax
• Fiscal Year ‎(i.e. 2008)‎: 2003
• Project Name: Agricultural Emergency Drought Response
• CWCB Section: Finance
• Contract/PO #: C150103
• Grants - Doc Type: Contract/Purchase Order

J)
prior to the closing date of the augmentation water transaction, the
CONTRACTOR shall provide the CWCB with documentation of the terms of the •
transaction, including, but not limited to, the cost of the transaction, the
identification of the party or parties that the CONTRACTOR will compensate for
the augmentation water, the closing date of the transaction.
b. Payment of requests for funds. Upon receipt and approval by the CWCB of
each such request for funds, the CWCB will, within 30 days from the approval
of such statement, pay to the CONTRACTOR the amount of the statement or
such portion thereof as has been approved by the CWCB.
C. Return of Unused Funds. Any funds disbursed but not expended for the PROJECT
in accordance with the terms of this Contract shall be remitted to the CWCB within
30 days of either (1) completion of the PROJECT, or (2) upon termination of this
Contract by the CWCB in accordance with Paragraph E herein.
D. Documentation of Project Completion. The CONTRACTOR shall provide the
CWCB with all documentation relating to the completion of the augmentation water
transaction or construction project, including copies of contract documents for
augmentation water transactions, no later than 30 days after completion of the
transaction or project.
E. Termination of contract for cause. If, through any cause, the CONTRACTOR fails
to fulfill in a timely and proper manner its obligations under this contract, or if the
CONTRACTOR violates any of the provisions of this contract, the CWCB,-shall •
thereupon have the right to terminate this contract for cause by giving written notice
to the CONTRACTOR of such termination and specifying the effective date thereof, at
least five (5) days before the effective date of such termination. In that event, upon
submittal to the CWCB of a statement of PROJECT costs for the period preceding
the effective date of the termination of this contract, the CONTRACTOR shall be
entitled to receive the CWCB's share of PROJECT costs that have been incurred
before the effective date of termination of this contract and have not yet been paid
for as of the effective termination date.
F. Severability. To the extent that this contract may be executed and performance of
the obligations of the parties may be accomplished within the intent of the contract,
the terms of this contract are severable, and should any term or provision hereof be
declared invalid or become inoperative for any reason, such invalidity or failure shall
not affect the validity of any other term or provision hereof. The waiver of any
breach of a term hereof shall not be construed as waiver of any other term.
G. Assignment. Neither party may assign its rights or duties under this contract
without the prior written consent of the other party.
H. Integration of all understandings. This contract is intended as the complete
integration of all understandings between the parties. No prior or contemporaneous
addition, deletion, or other amendment hereto shall have any force or effect •
whatsoever unless embodied herein in writing. No subsequent novation, renewal,
Page 2 of 5