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<br />( <br /> <br />( <br /> <br />9-0 <br /> <br />year. Said report shall be due on January 1 of each year and <br />cover acrions taken during the preceding year and planned <br />operations for the forthcoming year. <br /> <br />15. All costs incurred by Boulder in acting as the Board's <br />agent shall be borne by Boulder. <br /> <br />16. Upon 30 days advance written notice to Boulder, the <br />Board may. in its sole discretion, revoke this authorization <br />for Boulder to act as its agent; provided, however. that if the <br />Board revokes this authorization then it must assume at its own <br />expense responsibility for the administratLon and monitoring <br />for Which paragraphs 12 and 13 call. <br /> <br />MISCELLANEOUS PROVISIONS <br /> <br />17. This Agreement shall not be otherwise assignable by <br />either party without the written consent of the other. <br /> <br />18. All of the provisions of this Agreement shall survive <br />the Closing of the conveyance required by paragraphs 1 and 2 <br />and shall not merge therewith. <br /> <br />19. This Agreement shall be a covenant which runs with the <br />conveyed water rights and it shall be recorded by Boulder with <br />the Clerk and Recorder of Boulder County. Colorado, with a <br />conformed copy provided by Boulder to the Board. <br /> <br />20. The Board may not sell, lease, transfer, or otherwise <br />dispose of its interests in the conveyed water rights or the <br />assigned water without prior written consent of Boulder. <br /> <br />21. Any Obligation for the continued payment of ditch <br />company assessments or other costs of ownership associated with <br />the conveyed water rights shall be borne by Boulder. <br /> <br />ENFORCEMENT <br /> <br />22. Pursuant to section 37-92-102(3). C.R.S. (1989 Supp.), <br />the terms of this Agreement shall be enforceable by each party <br />as a water matter in the District Court fbr Water Division <br />No.1; provided, however. that before commencing any action'for <br />enforcement of this Agreement. the party aLleging violation <br />shall notify the other party in writing at the alleged <br />violation and the parties shall make a good faith effort to <br />resolve their differences through informal consultation. <br /> <br />23. Specific performance of this Agreement shall be the <br />exclusive remedy for failure of either party to comply with any <br />provision of this Agreement. <br /> <br />-6- <br />