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I I I I I I I I I I I I I I I I I I I Agreement shall be construed as binding the River District to expend in any fiscal year any sum in excess of appropriations made by the River District Board of Directors for purposes of this Reservoir Enlargement Agreement. E. All of the provisions in this Reservoir Enlargement Agreement shall survive the closing of the conveyance contemplated by paragraph II.A. herein, and shall not merge therewith. XI. Contract Drafting Considerations Paragraphs I through XIII of this Reservoir Enlargement Agreement have been drafted, negotiated, and reviewed by the parties hereto, each of whom is sophisticated in the matters to which this Reservoir Enlargement Agreement pertains, and no one party shall be considered to have drafted the stated text. XII. Rights and Remedies The parties hereto shall have all rights and remedies provided under law for a breach or threatened breach of this Reservoir Enlargement Agreement; provided, however, that before commencing any action for enforcement of this Reservoir Enlargement Agreement, the party alleging a breach shall notifY the other parties hereto in writing of the alleged breach, and the parties shall make a good-faith effort to resolve their differences through informal consultation. XIII. Authoritv Each person executing this Reservoir Enlargement Agreement represents and warrants that he or she has been duly authorized by one of the parties to execute this Reservoir Enlargement Agreement, that all approvals (governmental or otherwise) necessary to execute this Reservoir Enlargement Agreement have been obtained, and has authority to bind said party to the terms hereof. IN WITNESS WHEREOF, the parties have executed this Reservoir Enlargement Agreement as of the day and year first written above. Colorado River Water Conservation District acting by and through its Colorado River Water Projects Enterprise Attest: President Secretary 17