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III 4110 <br /> 17. Completion of Project. After deposit of Allottee's Construction Costs, SWSP Enterprise shall <br /> complete the construction of the Pipeline as expeditiously as possible. If additional funding for change orders <br /> is not provided, SWSP Enterprise shall first provide all Participants the opportunity, but not the obligation, <br /> to assume any one Participant's Contract, or unfunded portion thereof. If funding is then insufficient to <br /> complete the Pipeline, SWSP Enterprise shall redefine the Pipeline project and revise the plans and <br /> specifications so that water is deliverable through the Pipeline to those Participants providing funding to the <br /> extent possible. In the event that the SWSP Enterprise is unable to complete construction of the Pipeline, it <br /> shall, upon request, convey or assign to the Participants on the same percentage as funds were contributed all <br /> of its right, title and interest in all of the assets (including cash) which it holds or owns for the Pipeline, <br /> and shall assign all agreements, permits and other similar items which are assignable that it has obtained for <br /> the Project. All such conveyances and assignments shall be subject to the terms and conditions of the asset, <br /> agreement, permit or other item conveyed or assigned. After completion of said conveyances and assignments, <br /> the SWSP Enterprise shall have no further obligation or liability to the Participants to complete construction <br /> of the Pipeline or provide delivery of water under this Contract. <br /> 18. Issuance of Estoppel Certificate(s). Upon not less than ten (10) days' notice from Allottee, <br /> SWSP Enterprise shall deliver to Allottee an estoppel certificate confirming (i) the amount of capacity to which <br /> Allottee is entitled hereunder; (ii) that Allottee has paid all current charges or assessments due hereunder; <br /> and (iii) any other matters reasonably requested by Allottee. <br /> 19. Non-Waiver of Immunity. It is not the intention of the parties hereto to waive any immunities <br /> to their liability provided by statute or otherwise. <br /> The authorized representatives of SWSP Enterprise and Allottee have executed this Contract the day and <br /> year first set forth above. <br /> NORTHERN COLORADO WATER <br /> CONSERVANCY DISTRICT, ACTING BY <br /> AND THROUGH THE SOUTHERN WATER SUPPLY <br /> PROJECT WATER ACTIVITY ENTERPRISE ,`siPlikil! <br /> By: <br /> 1:11V Ft <br /> u ,,,, .,v, <br /> Title: <br /> CITY OF FORT MORGAN, ACTING BY AND ATTEST: <br /> THROUGH THE CITY OF FORT MORGAN COLORADO ��,ORGp^, <br /> WATER WORKS AND DISTRIBUTION ENTERPRISE �Ces,5 Apkl%p,ND Dks,Co <br /> � �J n/7n ! ' i` S� Get 0 By: , "t/, / 7/ , / B r /y' I <br /> / / / " . Yd <br /> Tit1 Chairman of he Bo. d Title: Se eta.. <br /> 13 <br />