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<br />. <br /> <br />. <br /> <br />. <br /> <br />3 <br /> <br />reprograrning funds.for the current Tiscal year or by obtaining appropriate <br />funds for fiscal year 1985 bQginning October I, 1984, <br /> <br />1.3 If CORY so elects, it shall have the right to fund any or all <br />of Reclamation's share of the cost of the studies pursuant to the Acts of <br />March 4, 1921 and December 5, 1924, mentioned above. <br /> <br />1.4 <br />agreeoent if <br />share of the <br />herein. <br /> <br />CORY will not be obligated to fund any activities under this <br />Congress fails to provide appropriations for Reclamation's <br />cost unless CORY elects to do so pursuant to section 1.3 <br /> <br />1.5 CORY will fund its share of the cost of the studies out of <br />corporate funds, work product to date approved by Reclamation, or inkind <br />services. The parties hereto will agree to a supplement to the Plan of <br />Study, outlining the type and extent of inkind services, service schedule, <br />and estimated cost or rate approved by both parties for services. <br /> <br />1.6 In the event that Federal funding is not available for any <br />phase of the Plan of Study and CORY elects to pursue the studies by <br />establishing a pilot project totally funded by CORY or other~ise, then the <br />parties hereto agree to make best efforts to utilize said pilot project or <br />other material developed solely by CORY in order to continue the studies. <br /> <br />1.7 In the event that eithe~ party decides that results of the <br />cooperative studies do not warrant continuation, either party may discon- <br />tinue funding their respective share of the cost provided that the electing <br />party gives 60 days notice pursuant to paragraph five (5) hereof, and this <br />agreement shall terminate at the end of the 60-day period. However, this <br />paragraph shall not affect CORY's right to proceed independently at its own <br />expense with the study and/or develop~ent of any of the designated sites, <br />nor shall CORY's rights under the permits, rights-of-way or rights of use <br />provided for in paragraphs 4.1 through 4.3 be affected by said termination. <br /> <br />1.8 Failure by Congress to provide appropriation for <br />Reclamation's share of the Proof of Concept shall be treated the same as <br />provided in 1.7 above. <br /> <br />2. RECLA~TION RIGHTS AND RESPONSIBILITIES <br /> <br />2.1 Subject to obtaining congressional authorization and <br />appropriation, it is the express intention of the parties to this agreement <br />that Reclamation shall have the right to participate with CORY in any and <br />all development, financing. construction, marketing, and operation and <br />maintenance activities that occur beyond completion of the studies herein <br />defined. Reclamation's rights to participate in the above mentioned activ- <br />ities may vary as to each and every project developed and constructed and <br />will be based upon obtaining congressional approval and mutual agreement of <br />the parties. Both parties agree that in the event that Congress does not <br />authorize Reclamation's further. participation in the cooperative study. <br />development and/or construction process, CORY can proceed on its o~~ behalf <br />with studies and/or developm~nt. It Is furth~r understood by the parties <br />hereto that Reclamation's right of participation includes not only those <br />projecta where glacial moraines are proposed for use to augment existing <br />