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<br />. <br /> <br />. <br /> <br />CiSSUC',;~(;~s l:(;reu~o:der and has persisted i-.-, such failure after. a reasonable <br />notice in .}riting by the Government delivered to the Director of the <br /> <br />State's W~~er Conservation Board. No repair and maintenance by the <br />Governrnent in such event ~hall operate to relieve the .State of respon- <br />sibility to meet its obligations as set forth in Paragraph 1 of this <br />Agreement, or to preclude the Government from pursuing any other remedy at <br /> <br />la,.} or equity. <br />3. The Government agrees to participate with the State in the acqui- <br /> <br />sition of lands and interests therein deemed necessary for flood control <br /> <br />purposes for Reach One (as outlined in Exhibit A, attached hereto). Said <br /> <br /> <br />participation will consist of providing Corps of Engineers' project funds <br /> <br />to the State in an amount of $603,560, as deemed by the Secretary of the <br /> <br />Army to be 1:he Federal share available under the authorization (Section 88 _ <br /> <br />Public La~" 93-251) according to the cost-sharing formula shown in Exhibit <br /> <br />D, attached hereto. The Corps of Engineers' share under Section 88, <br /> <br />Public La" 93-251 is based upon an estimated total acquisition and admin- <br /> <br /> <br />istrative costs for the required lands currently estimated at $550,000 <br /> <br />to acquire the estate specified in Exhibit E. The State agrees that these <br /> <br /> <br />funds ~.}ill be used exclusively for the acquisition of appropriate interests <br /> <br />in the required lands for Reach One. The parties to this contract under- <br /> <br />stand that the figure of $550,000 identified as "Remaining Tracts" in the <br /> <br />formula in Exhibit D, could change depending on what amount of money is <br />actually s?cnt in acquiring the necessary renllii~~ng tracts. The parties <br />agree that the District Engineer of the Omaha District, the Contracting <br />Officer under this contract, shall have the right to monitor the land <br /> <br />acquisition activities of the State in acquiring the "Remaining Tracts". <br /> <br />It is further agreed that the District Engineer must approve the amount of <br /> <br />-5- <br /> <br />" '. <br />'0' <br />