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<br />. <br /> <br />. <br /> <br />10. Construction and Financial Reoorts and yfee[inE:s. Tne SWSP Encerprise will provide <br />A.l1otree with wriaen monthly reports together with tinancial reports regarding payment of charges <br />and costS and expenditures during construction of the Pipeline on the progress of construction and <br />the exnenditure of funds. In addition, the SWSP Enterprise shall schedule and hold meetings of all <br />Participants at the offices of the District in Loveland, Colorado, at lens! quarterly ar which time the <br />SWSP Enterprise shall present and discuss the financial reportS regarding payment of charges and <br />costs by the Participancs and the expenditure of funds. <br /> <br />11. Limitations on Ri E:hts of .AJloaee. In addition to all the other terms. conditions and <br />covenants contained herein, ic is specifically understood and agreed by and berween the parties <br />hereto thac the rights of the Ailoaee hereunder are subject co the following cerms, conditions and <br />limitations, which are incorporated herein by this reference: <br /> <br />a. . The Water Conservancy Act of Colorado, c.R.S. 92 37-45-101 et sea.: and <br /> <br />b. The rules, regulations and policies of the Board and the same as may be amended <br />from time co time, provided thar co the extent of such furore rules. regulations and <br />policies adversely affect the Allottee's rights hereunder or its rights co nse the <br />. capacicy conrracted for in any lawful manner, such furore rules, regulations or . <br />policies shall noc be enforceable against Alloaee. <br /> <br />12. Transfer of Allotment. Alloaee shall have the right to permanendy assign or transfer <br />all or any part of its allocment of capacity hereunder, for such consideration as Alloaee in its sole <br />discretion may establish, subject co the terms and conditions of this Contract co another Entity that <br />is fInancially able co perform this Contract with the prior written consent of the Board, which shall <br />not be unreasonably withheld. Allottee may, in its sole discretion, lease, sublease, pledge a security <br />inrerest in a lease, or pledge or encumber all or a portion of its allotment of capaciry hereunder to <br />another entity subject to the cerms and conditions of this Conrract without prior approval of the <br />Board. Allottee shall be relieved of its obligations hereunder co the extent of any permanent transfer <br />or capacity, excepc as otherwise provided herein. Prompdy following any lease, sublease, <br />assignment, pledge or other hypothecation, the lessee, sublessee, assignee, pledgee, etcetera, as <br />applicable, shall deliver co the SWSP Enterprise a written Dotice and acknowledgment in the form <br />of Exhibit 3 attached hereto. This Contract is made for the exclusive benefit of the Allottee and shall <br />not inure to the benefit of any successors or assigns of said Allottee except pursuant to the cerms of <br />this Contracc. <br /> <br />13. Permitted Assimments. Allottee shall have the right co temporarily assign all or a <br />ponion of its capacicy allocment co another Participant. or co another participant in other pipelines <br />constructed and operated by the SWSP Enterprise as part of the Southern Water Supply Project, <br />within the physical capabilities of the pipeline and the conditions set forth on Schedule A. The <br />SWSP Enterprise shall noC be required to recognize such an assignment until it has received <br />rensonable notice thereof from the Allottee. <br /> <br />.VlA.NAGE!vIENT/AGR.EE:VlENTS/AllOTMNT.FMG 14 <br />