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<br />'. <br /> <br />. <br /> <br />. <br /> <br />~ <br /> <br />. <br /> <br />FILE tlO. :3 pi DOC. flO. / (,; , <br /> <br />available by the Corps of Engineers, unless the parties <br />to this contract shalt mutu~11y agree to .some other <br /> <br />method. <br /> <br />4. c"haLf.i.eld'Oam and Reservoir are under the operational <br /> <br />control of the Corps of Engineers, United States Army, <br /> <br />and events may occUr in the operall9n and. maintenance <br /> <br />of said dam and reservoir which are beyond .thL cont~ol <br /> <br />of the parties to this contract. <br /> <br />Therefore it may be <br /> <br />5. <br /> <br />necessary from time to time to revise this. contract <br /> <br />by mutual agreement in accordance" Kith revised oper- <br /> <br />atinq proceoures and criteria which may pe adopted by <br /> <br /> <br />t~e Corps of Engineers." <br /> <br />If the Contractor is prevented from full performance <br /> <br /> <br />of this contract by legal constraints, then, if the <br /> <br />second payment under this contract has already been <br /> <br />made~ said, second payment of 1.4 mill ion dollars shall <br /> <br /> <br />be refunded to the State, less szoo,OOO.OO for each <br /> <br />. <br /> <br />'year tne Contractor has performed in accord with this <br /> <br />agreement. <br /> <br />6. Except as provided in paragraph 5, above, in the even~ <br /> <br />of any violation of this contract by either par~y <br /> <br /> <br />here~o~ the party claim!ng such violation may seek <br /> <br /> <br />relief in a court ~f competent jurisd1ction by an ac- <br /> <br /> <br />tion ~or specific perform~nce or for such relief as <br /> <br />the law may p~rmit. <br /> <br />, <br /> <br />7. In th~ event that the United States Army, Corps of <br /> <br /> <br />Engineers, allocates additional storage above elevation <br /> <br /> <br />5,432 feet for other uses than flood control., and <br /> <br />seekS rec6mmendations from the State to apportion <br /> <br />such storage space to various municipalities and other <br /> <br />water user!>, the c.ontractor shall be considered el i9i- <br /> <br /> <br />ble to acquire additiona'l storage capacity in the <br /> <br /> <br />reservoir in such amount as the State, acting through <br /> <br />th~ 'Colorado water Conservation Doard, shal,) reasonably <br /> <br />page 7 of l3 pages <br />