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BOARD00553
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Last modified
8/16/2009 2:51:56 PM
Creation date
10/4/2006 6:40:24 AM
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Board Meetings
Board Meeting Date
3/21/2006
Description
WSP Section - Chaffee County RICD
Board Meetings - Doc Type
Hearings
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<br />. <br /> <br />. <br /> <br />. <br /> <br />the VFMP Agreement. Chaffee County further agrees not to support the Water Court filings by <br />any other entity seeking RICDs on the Arkansas River. <br /> <br />22. No Precedent. The provisions of this MOD and the Consent Decree are the result <br />of comoromise and settlement and mav not reflect nositions of tnp. PBrl;P.S np.rp.to concp.min!7 <br />- "'.. - ------ --- --" '-' <br />facts, law, engineering and other circumstances in situations other than this MOD or this RICO <br />Case. Accordingly, the Parties agree that neither this MOD nor the Consent Decree shall be <br />precedent in any future matter outside of the RICO Case. <br /> <br />23. Contract Exchanges. Nothing in this MOD places any constraint upon any Party <br />hereto on any ability they may have to contract with the Bureau of Reclamation for contract <br />exchange agreements. <br /> <br />24. Assilffi1IJent. Except for assignments provided for in paragraph 3.b, this <br />Agreement, and the rights, interests and obligations hereunder, may not be assigned by any Party <br />without the prior written consent of each of the other Parties and any attempted assignment in <br />violation of this provision shall be void. <br /> <br />25. Entire Agreement; Amendments. This Agreement, together with the exhibits <br />hereto, which constitute part of this Agreement and which are hereby incorporated by this <br />reference, constitute the entire agreement among the Parties. This Agreement may be altered, <br />amended or revoked only by an instrument in writing signed by all the Parties <br /> <br />26. Previous Agreements. Other agreements among several of the Parties hereto have <br />previously been reached concerning issues that may be related to those addressed herein. <br />Nothing in this MOD changes or modifies in any way any such previous agreements. <br /> <br />27. Aoolicable Law. This Agreement shall be governed by and construed according <br />to the law of the State of Colorado. <br /> <br />28. Waiver. The failure of one of the Parties to insist upon the strict performance of <br />any provision of this Agreement or to exercise any right, power, or remedy upon a breach <br />thereof, shall not constitute a waiver of that or any other provision of this Agreement or limit that <br />Party's, or any other Party's, right thereafter to enforce any provision or exercise any right <br />hereunder. <br /> <br />29. Caotions. All captions contained in this Agreement are for convenience only and <br />shall not be deemed to be part of this Agreement. <br /> <br />30. Counteroarts. This Agreement may be executed in counterparts, each of which <br />shall constitute an original and all of which, when taken together, shall constitute one agreement. <br /> <br />31. Parties Bound bv Agreement. This Agreement is binding upon the Parties hereto <br />and upon their respective successors. <br /> <br />32. Authorizations. The governing bodies of each of the Parties have authorized by <br />resolution or other means the execution of this Agreement and each of the Parties represent and <br /> <br />SB2341 <br /> <br />15 <br />
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