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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />the event the Parties are unable to agree upon said con- <br />tributions within one year after the failure of said dam, <br />either First Party or Second Parties shall have the right <br />to reconstruct said dam at their own expense; provided <br />however, that at least ninety days prior to commencing to <br />reconstruct said dam the reconstructing Party or Parties <br />shall give written notice to the other Party or Parties, <br />as the case may be, of its or their intention to do so, and <br />within said nine~y day period the Party or Parties to <br />whom said notice is directed shall have the right to <br />elect to participate in the reconstruction of said dam and <br />in such event this Agreement shall thereupon terminate and <br />the rights of the Parties acquired under this Agreement <br />shall be disposed of in the following manner: <br />5.1.1 In the event First Party elects to reconstruct and <br />Second Parties elect not to participate in the cost <br />of such reconstruction, Second Parties shall retain <br />the direct flow water rights described on Exhibit C <br />attached hereto and by this reference made a part <br />hereof. Second Parties shall also retain all water <br />storaoe ri~hts they now own or may acquire and shall <br />have the riaht to change the location of said storage <br />rights to such place or places as Second Parties may <br />deem desirable. <br />5.1.2 In the event First Party elects not to participate in <br />such reconstruction and Second Parties elect to recon- <br />struct, Second Parties shall have the right to recon- <br />struct the aforesaid dam and to utilize the lands <br /> <br /> <br />-4- <br />