C153701 PIF Contract

• Contract/PO #: C153701
• Contractor Name: Fort Morgan, City of
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

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Participants annually. This paragraph shall provide the SWSP Enterprise's exclusive
remedy for recovering administration, operation, maintenance, repair and replacement
costs in the event that Allottee does not appropriate funds or pay those costs as
provided in paragraph 8.a. above.
c. The Allottee's payment of annual administration, operation, maintenance, repair and replacement
ch. *es and costs of the Pipeline, pursuant to the preceding paragraphs 6.b.v., 6.b.vi., 8.a.
, does not in any way impair the vested nature of the allocation of capacity pursuant
Y-o' Contract and are not related to the value of that rested right. These obligations do
1"`' k . convert ts. Allottee's prepaid right of possession of its allotted capacity in the Pipeline
into .. for of an executory lease or contract.
` Co4. etion Date. Attached hereto as Exhibit 2 is a time line for construction and completion
or ;- '1;-:line.' The tine line may be modified for good cause. The SWSP Enterprise shall complete construction
of` se Pipeline in accordance with the time line as modified, subject to force majeure events, failure of the
Participants to make required payments under this or similar contracts and so long as the delay is not as a
direct or indirect result of SWSP Enterprise's negligence, delays beyond the SWSP Enterprise's reasonable
control occurring in the right-of-way acquisition process or caused by the construction process or the
construction contractors. In addition, the completion date is subject to change based upon mutual agreement
of all of the Participants, as conditions and available information warrant.
10. Construction and Financial Reports and Meetings. The SWSP Enterprise will provide Allottee
with written monthly reports together with financial reports regarding payment of charges and costs and
expenditures during construction of the Pipeline on the progress of construction and the expenditure of funds.
In addition, the SWSP Enterprise shall schedule and hold meetings of all Participants at the offices of the
District in Loveland, Colorado, at least quarterly at which time the SWSP Enterprise shall present and discuss
the financial reports regarding payment of charges and costs by the Participants and the expenditure of funds.
11. Limitations on Riahts of Allottee. In addition to all the other terms, conditions and
covenants contained herein, it is specifically understood and agreed by and between the parties hereto that the
rights of the Allottee hereunder are subject to the following terms, conditions and limitations, which are
incorporated herein by this reference:
a. The Water Conservancy Act of Colorado, C.R.S §§ 37-45-101 et seq.; and
b. The rules, regulations and policies of the Board and the same as may be amended from time to
time, provided that to the extent such future rules, regulations and policies adversely affect
the Allottee's rights hereunder or its rights to use the capacity contracted for in any lawful
manner, such future rules, regulations or policies shall not be enforceable against Allottee.
12. Transfer of Allotment. Allottee shall have the right to permanently assign or transfer all
or any part of its allotment of capacity hereunder, for such consideration as Allottee in its sole discretion
may establish, subject to the terms and conditions of this Contract to another Entity that is financially able
to perform this Contract with the prior written consent of the Board, which shall not be unreasonably withheld.
Allottee may, in its sole discretion, lease, sublease, pledge a security interest in a lease, or pledge or
encumber all or a portion of its allotment of capacity hereunder to another Entity subject to the terms and
conditions of this Contract without prior approval of the Board. Allottee shall be relieved of its obligations
hereunder to the extent of any permanent transfer of capacity, except as otherwise provided herein. Promptly
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