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<br />~ <br /> <br />~ <br /> <br />~ <br /> <br />"" <br /> <br />. <br /> <br />. <br /> <br />~ <br /> <br />FilE NO. J/4 ooc. NO. Ii,; ~ <br /> <br />available by the Corps of Engineers, unless the parties <br />to this contract shall mutu~11y agree to .some other <br /> <br />method. <br /> <br />4. c.-.hat.f.i.eld,Oam and Reservoir are under the operational <br /> <br />control of the Corps of Engineers.. Unit~d States Army, <br /> <br />and events may occUr in the operation and maintenance <br /> <br /> <br />of said dam and reservoir whi.ch are beyond .tha cont~ol <br /> <br /> <br />of the parties to this contract. Therefore it may be <br /> <br />necessary .from time to time to revise th'S. contract <br /> <br />by mutual agreement in accordance" ~ith revised oper- <br /> <br />atinq.procedures and criteria which may ~e adopted by <br /> <br /> <br />trye Corps of Engineers." <br /> <br />If the Contractor is prevented from full performance <br /> <br />5. <br /> <br />of this contract OY legal constraints, then, if the <br /> <br />second payment under this cont~act has already been <br /> <br />made., said, second payment of l.4 mill ion dollars shall <br /> <br />be refunded to the State, less 1200,000.00 for each <br /> <br /> <br />'year' t~e Contractor has perform~d in accord with this <br /> <br />agreement. <br /> <br />Except 'as provided in paragraph 5, abov~, in the event <br /> <br /> <br />of any violation'of this contract by either party <br /> <br /> <br />here~o, t~e Pdrty claim!ng such violation may seek <br /> <br /> <br />relief in a court of competent jurisd1ction by an ac- <br /> <br /> <br />tion f,or specific performa.nce or for such relief as <br /> <br /> <br />the law may permit. <br /> <br /> <br />1. In the event that the United States Army, Corps of <br /> <br />6. <br /> <br />Engineers, allocates additional storage above elevation <br /> <br />5.432 feet for other uses than flood.cOntrol" and <br /> <br /> <br />seekS recommendations from the State to apportion <br /> <br /> <br />such storage space to various municipalities and other <br /> <br />water users, the c.ontractor shall be considered el igi- <br /> <br /> <br />b1e to acquire additional storage capaclty in the <br /> <br />reservoir in such amount as the State, acting through <br /> <br />the Golorado ~ater Conservation Board, shall reasonably <br /> <br /> <br />Page 7 of l~ pages <br />