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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
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10/3/2016 12:25:25 PM
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Chatfield Mitigation
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1. $45,904,655.88 deposited into the Escrow Account in cash; for Water <br /> Provider's storage space of 7,057 AF. <br /> E. Costs of O&M, RRR&R and Other Modifications to the Chatfield Project. Water <br /> Provider shall pay its Pro Rata Share of the payments required by Articles <br /> IV.A.2., IV.A.3. and IV.B of the Water Storage Agreement pertaining to Specific <br /> Repair, Rehabilitation, Reconstruction And Replacement Costs, Joint-Use <br /> Repair, Rehabilitation, Reconstruction And Replacement Costs, Specific Annual <br /> Operation And Maintenance Expenses, Joint-Use Annual Operation And <br /> Maintenance Expenses and Other Modifications to the Chatfield Project, directly <br /> or through CRMC, within the time allowed by Water Storage Agreement Articles <br /> IV.A.2., IV.A.3. and IV.B. CDNR will forward to Water Provider and CRMC the <br /> Government's notification of the annual amount of such payments immediately <br /> upon receipt. <br /> F. Default and Remedies. If Water Provider defaults on any of the payment <br /> obligations described herein, and fails to cure such default within 60 days after <br /> written notice from CDNR or CRMC, the following actions shall be taken: <br /> 1. If Water Provider fails to provide all of its Pro Rata Share of the Total <br /> Project Costs, and after notice fails to cure such default, Water Provider <br /> shall relinquish to CDNR the percentage of its Storage Space equal to <br /> the percentage that Water Provider's shortfall bears to its Pro Rata Share <br /> of the Total Project Costs. <br /> a. In the event of such relinquishment, CDNR shall offer the <br /> relinquished Storage Space to the non-defaulting Water Providers <br /> in accordance with Paragraph III.D. above, and if not disposed of <br /> through that process, CDNR may enter into an agreement <br /> identical in substance to this Agreement (except as to the Pro <br /> Rata Share and method of payment) with a party who is not <br /> currently a Water Provider for the use of the relinquished Storage <br /> Space, subject to Paragraph III.D. <br /> 2. If Water Provider fails to pay its Pro Rata Share of Annual Operation And <br /> Maintenance Expenses and Repair, Rehabilitation, Reconstruction And <br /> Replacement Costs on a timely basis, Water Provider's right to release <br /> water from and to store additional water in its storage space shall be <br /> suspended until all payments are current, including the payment of any <br /> interest assessed by the Government. If Water Provider fails to pay its <br /> Pro Rata share of Annual Operation And Maintenance Expenses and <br /> Repair, Rehabilitation, Reconstruction And Replacement Costs for a total <br /> of 3 years in a 5 year period, Water Provider shall be in default and its <br /> Storage Space shall be relinquished. Such relinquished Storage Space <br /> shall be subject to the terms of Section IV.F.1.a above.- <br /> V. Membership in CRMC. Water Provider is currently or will be a member of CRMC and <br /> shall remain a member in good standing of CRMC, unless or until CRMC is dissolved. <br /> 6 <br />
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