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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />operating, repairing and maintaining E1khead Creek Reservoir. <br />First Par~y shall be the sole owner of the dam and all faci- <br /> <br />1ities used in connection with the construction, operation, <br /> <br />maintenance and repair of said Reservoir. First Party shall <br />be entitled to any revenue received from fees or licenses in <br />connection with the operation of said Reservoir. Nothing <br />herein contained shall be deemed to create a partnership, a <br />joint venture, or joint ownership of any sort between the <br />Parties hereto. First Party shall indemnify and hold Second <br /> <br />Parties harmless from any claim, charge, cost, expense, dam- <br />age, or injury arising out of or resulting from the construc- <br /> <br />tion, operation, maintenance and repair of said Reservoir. <br /> <br />8. BOND FOR CONSTRUCTION CONTRACTS: <br />8.1 Each contract for the construction of facilities entered into <br /> <br /> <br />by First Party and third parties shall require a bond secur- <br /> <br /> <br />ing the performance of such contract executed by a Qualified <br /> <br /> <br />corporate surety in the total amount of the contract cost and <br /> <br />shall be substantially in the form of Exhibit 0, attached <br /> <br /> <br />hereto and by this reference made a part hereof. <br /> <br />9. REFUrm OF COSTS: <br /> <br />9.1 If the total cost of the E1khead Creek Reservoir. is less <br /> <br />than $ <br /> <br />, First Party agrees to refund the prorata <br /> <br />share of the difference between the estimated cost of the <br /> <br />Reservoir and the actual cost of said Reservoir. to Second <br />Parties within thirty days after completion of construction <br />in the following percentages: <br />Colorado-Ute Electric <br />Association, Inc. <br /> <br />29% <br /> <br />-6- <br />