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<br />I <br />I <br />I <br />I <br />,I <br />I <br />I <br />I <br /> <br />Platte River Municipal <br />Power Association 18% <br /> <br />Salt River Project Agricultural <br />Imrrovement and PllI'ler District 29% <br /> <br />Tri-State Generation and Transmission <br />Association. Inc. 24% <br /> <br />10. ADJUDICATION <br /> <br /> <br />10.1 The Parties agree to file a petition for the adjudication <br />of water rights in the appropriate water district or dis- <br />tricts and to file a claim in said adjudication rroceed- <br />ings for the storage rights for the reservoir covered by <br />this Agreement. The Parties agree to share the costs of <br />said proceedings equally. It is understood and agreed <br />that First Party and Second Parties will each pay their <br />own attorney, engineering, and other technical fees and <br />exrenses, incurred in this proceeding. <br /> <br />11. UNCOtlTROLLABLE FORCES: <br /> <br />11.1 Neither First Party nor Second Parties shall .be con- <br />sidered to be in default in the performance of any of <br />its obligations under this Agreement (other than obliga- <br />tions of said Parties to pay costs and expenses) when a <br />failure of rerformance shall be due to uncontrollable <br />forces. The term "uncontrollable forces" shall be any <br />cause beyond the control of the Party or Parties affected, <br />including but not restricted to failure of or threat of <br />failure of facilities. flood, earthquake, storm, fire, <br /> <br />lightning. epidemic, war, riot, civil disturbance or <br /> <br /> <br />disobedience, labor dispute, labor or material shortage, <br /> <br /> <br />sabotage. restraint by court order or public authority, <br /> <br /> <br />and action or nonaction by or failure to obtain the <br /> <br />-7- <br />