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B.Two Month Extension
<br /> CWCB,at its sole discretion upon written notice to CPW,as provided in§10,may unilaterally extend the
<br /> term of this Agreement for a period not to exceed two months if the Parties are negotiating a replacement
<br /> agreement at or near the end of any initial term or any extension thereof.The provisions of this Agreement
<br /> in effect when such notice is given, including,but not limited to prices, rates,and delivery requirements,
<br /> shall remain in effect during the two-month extension.The two-month extension shall immediately
<br /> terminate when and if a replacement agreement is approved and signed by the State Controller.
<br /> 5.STATEMENT OF WORK
<br /> For the purposes of this Agreement,the CPW's participation in the Chatfield Reallocation Project, is for the cost
<br /> of storage and for engineering,recreation facilities construction,on-site mitigation,off-site mitigation,and
<br /> compensatory mitigation monitoring as defined in the Agreement between the Department of the Army and the
<br /> Colorado Department of Natural Resources for Reallocation of Water Storage Space,Recreation Modifications,
<br /> and Compensatory Mitigation Features at the Chatfield Dam and Reservoir,Colorado dated October 9,2014,
<br /> incorporated herein by reference is defined as the"PROJECT."
<br /> 6.PAYMENTS-MAXIMUM AMOUNT
<br /> The Reallocation Project cost was originally estimated to be $134 million, or$6,504.85/acre-foot as speficied in
<br /> the Water Provider Agreement entered into by and between the DNR and CPW (CT2016-2279). CPW's Project
<br /> cost for its 1,000 acre-feet was therefore $6,504,850.00. Interagency Agreement CT2016-2162 was for this full
<br /> amount.On December 13,2017,DNR notified all project participants the revised project cost estimate increased to
<br /> $171 million,or$8,300.97/acre-foot.CPW's revised Project cost for its 1,000 acre-feet is therefore$8,300,970.00,
<br /> which results in an additional amount of$1,796,120.00.This Interagency Agreement is for the additional amount.
<br /> The Loan Repayment Schedule is attached as Exhibit B.
<br /> 7.RECORDS-MAINTENANCE AND INSPECTION
<br /> During the term of this Agreement and for a period terminating upon the later of(i)the five year anniversary of
<br /> the final payment under this Agreement or(ii)the resolution of any pending Agreement matters(the"Record
<br /> Retention Period"),each Party shall maintain,and allow inspection and monitoring by the other Party,and any
<br /> other duly authorized agent of a governmental agency,of a complete file of all records,documents,
<br /> communications,notes and other written materials,electronic media files,and communications,pertaining in
<br /> any manner to the work or the delivery of services or goods hereunder.
<br /> 8. CONFIDENTIAL INFORMATION-STATE RECORDS
<br /> Each Party shall treat the confidential information of the other Party with the same degree of care and protection
<br /> it affords to its own confidential information,unless a different standard is set forth in this Agreement. Each
<br /> Party shall notify the other Party immediately if it receives a request or demand from a third party for records or
<br /> information of the other Party.
<br /> 9. FAILURE TO PERFORM-DISPUTES
<br /> The failure of a Party to perform its respective obligations in accordance with the provisions of this Agreement
<br /> is a breach of this Agreement.In the event of disputes concerning performance hereunder or otherwise related to
<br /> this Agreement,the Parties shall attempt to resolve them at the divisional level.If this fails,disputes shall be
<br /> referred to senior departmental management staff designated by each Party. If this fails,the executive director of
<br /> each Party shall meet and attempt resolution. If this fails,the matter shall be submitted in writing by both Parties
<br /> to the State Controller, whose decision shall be final.
<br /> 10.NOTICE AND REPRESENTATIVES
<br /> Each individual identified below is the principal representative of the designating Party.All notices required to
<br /> be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such
<br /> Party's principal representative at the address set forth below.In addition to,but not in lieu of a hard-copy
<br /> notice,notice also may be sent by e-mail to the e-mail addresses, if any,set forth below.Either Party may from
<br /> time to time designate by written notice substitute addresses or persons to whom such notices shall be sent.
<br /> Unless otherwise provided herein,all notices shall be effective upon receipt.
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