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CWCB Water Provider Agreement
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CWCB Water Provider Agreement
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10/14/2016 11:20:02 AM
Creation date
10/3/2016 12:25:25 PM
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Chatfield Mitigation
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11111111EMP AMP <br /> submitted in writing by both Parties to the State Controller, whose decision shall be <br /> final. <br /> C. Records Maintenance. During the term of this Agreement and for a period <br /> terminating upon the later of (i) the six year anniversary of the final payment under <br /> this Agreement or (ii) the resolution of any pending Agreement matters (the <br /> "Record Retention Period"), each Party shall maintain, and allow inspection and <br /> monitoring by the other Party, and any other duly authorized agent of a <br /> governmental agency, of a complete file of all records, documents, <br /> communications, notes and other written materials, electronic media files, and <br /> communications, pertaining in any manner to the work or the delivery of services or <br /> goods hereunder. <br /> D. Records Inspection. Water Provider shall have the right to inspect CDNR's <br /> performance at all reasonable times and places during the term of this Agreement. <br /> CDNR shall permit Water Provider, and any other duly authorized agent of a <br /> governmental agency having jurisdiction to monitor all activities conducted <br /> pursuant to this Agreement, to audit, inspect, examine, excerpt, copy and/or <br /> transcribe CDNR's records related to this Agreement during the Record Retention <br /> Period to assure compliance with the terms hereof or to evaluate performance <br /> hereunder. Monitoring activities controlled by Water Provider shall not unduly <br /> interfere with CDNR's performance hereunder. <br /> E. Confidential Information. Each Party shall treat the confidential information of the <br /> other Party with the same degree of care and protection it affords to its own <br /> confidential information, unless a different standard is set forth in this Agreement. <br /> Each Party shall notify the other Party immediately if it receives a request or <br /> demand from a third party for records or information of the other Party. <br /> F. Authority, Appropriation, And Approval. Authority to enter into this Agreement <br /> exists in Colorado Revised Statutes 37-60-121 and 37-60-120.1 and funds have <br /> been budgeted, appropriated pursuant to Colorado Water Conservation Board <br /> Projects Bills SB 12S-002, SB13-181, HB 14-1333 and SB 15-010and placed into <br /> escrow in accordance with Section IV.D. Financial obligations of the Water <br /> Provider payable after the current fiscal year, identified in Section IV.E above, and <br /> mitigation costs in excess of those identified in Section IV.D, if any, are contingent <br /> upon funds for that purpose being appropriated, budgeted, and otherwise made <br /> available. Required approvals, clearance and coordination have been <br /> accomplished from and with appropriate agencies. <br /> 13 <br />
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