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<br />. <br /> <br />Nothing in this MOU shall preclude any party from participating in such future applications and <br />requesting further restrictions on flows. <br /> <br />16. Dispute Resolution. If a dispute arises between the Parties relating to this <br />Agreement, except for disputes arising for the first time during a triaL the Parties shall follow the <br />following procedure: <br /> <br />a. The Administrative Officers shall hold a meeting promptly, but in no <br />event later than 10 calendar days from the written notification of the dispute by any Party, <br />attended by the Administrative Officers or persons designated to exercise the full authority of the <br />Administrative Officers regarding the dispute, to attempt in good faith to negotiate a resolution <br />of the dispute. At that meeting, the Administrative Officers will either resolve the dispute or set <br />forth a process by which to negotiate a resolution of the dispute, subject to respective Board <br />approval within the following twenty (20) calendar day period. No such meeting shall be <br />deemed to vitiate or reduce the obligations and liabilities of the Parties or be deemed a waiver by <br />a party hereto of any remedies to which such party would otherwise be entitled under this <br />Agreement, unless otherwise agreed to by the parties in writing. "Administrative Officers" <br />collectively shall mean the Chair of the Chaffee County Board of County Commissioners, the <br />Chief Executive Officer of Colorado Springs Utilities, the Executive Director of the BWWP, the <br />Executive Director of Southeastern, the General Manager of Lower Arkansas and the General <br />Manager of Upper Arkansas. As for disputes arising solely from decisions by the Flow <br />Coordination Committee, the Director of Utilities for the City of Aurora shall also be an <br />Administrative Officer. <br /> <br />. <br /> <br />b. If, during the 20-day period following the meeting described in <br />subparagraph (a) above (or such other time period as the Parties may agree), the Parties have not <br />succeeded in negotiating a resolution of the dispute, the Parties involved in the dispute shall <br />participate in non-binding mediation, and bear equally the costs of that mediation, but with each <br />party to bear their own attorney fees and costs associated therewith. The Parties involved in the <br />dispute agree to participate in good faith in the mediation and related negotiations for a period of <br />30 calendar days. <br /> <br />c. If the Parties in dispute are not successful in resolving the dispute through <br />mediation, they shall be free to pursue any other available legal remedy. The Parties agree to <br />reasonably expedite any legal proceeding brought hereunder in order to obtain a prompt <br />resolution. <br /> <br />d. Any of the time frames in this paragraph 16 may be extended by <br />agreement of the Parties. The Parties recognize that for certain disputes time is ofthe essence, in <br />which case the Parties agree to expedite all above time frames in a reasonable manner so as to <br />allow prompt resolution of the disputed issue. <br /> <br />. <br /> <br />17. Future Applications for Due Diligence or to Make Absolute. Chaffee County <br />agrees not to oppose future diligence applications and/or application to make absolute, for the <br />Senior Exchange Holders' existing decreed water rights set forth in Exhibit E attached hereto, so <br />long as such applications are made subject to and consistent with this MOU; and further subject <br />to Chaffee County's right to assert in opposition to such applications an enlargement of use <br /> <br />S62341 <br /> <br />13 <br />