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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 />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />and !101d ;neetingS of all part.1Cipants at r1:e offlces cf L'-:e !J:s~ct !.n Lo....e!~d. Cclcra,::o. at <br />least quarterly at which tJrne the S\IlS? E::ter;::ise shall present and discuss w'1e fmal1Clal <br />reports regarding payment of charges and cOsts by the ?arc:cipants and L'1e e.xpe:1dlture d <br />f'c:ncs. <br /> <br />11. Lr..1taUor:s on RJ~hts of .>Jlottee. 1:1 acditJon to all Ll,.e other :er:r.s. ccr:c;tJons <br />and cc...enar:ts contained herell1. it ;S specUlca.i.!y ur:derstccd and agreed by and :erwee:1 L'1e <br />parues hereto that the nghts of the Allottee hereunder are subject to the follo'..-..ng ter:r.s. <br />condlUor:s and lirmtaUons. ."..hlch are lncorporated herem by thIs referer.ce: <br /> <br />a. The Water Conservancy Act of Colorado. CR..S 33 37 -45-101 et sea: and <br /> <br />b. The rules. regulatJons and policies of the Board and the same as may be <br />amended from time to time. provided that to the extent such future rules. <br />regulations and pol1cles adversely affect the Allottee's nghts hereunder or its <br />nghts to use the capacIty contracted for in any lawful manner. such future <br />rules. regulations or policies shall not be enforceable against Allottee. <br /> <br />12. Transfer of Allotment Allottee shall have the light to permanently assign or <br />transfer all or any part of Its allotment of capacity hereunder. for such considerauon as <br />Allottee in Its sole discretion may establish. subject to the terms and conditions of this <br />Contract to another Enuty that is financially able to perform this Contract WiL'1 tr.e pnor <br />written consent of the Board. which shall not be unreasonably ....ithheJd. Allottee may. in Its <br />sole discreUon. lease. sublease. pledge a secunty interest in a lease. or pledge or encumber a.:.t <br />or a portion of its allotment of capacity hereunder to another Enuty subject to the terms ,md <br />conditions of thiS Contract V,1thout pnor approval of the Board. Allottee shall be relieved cf Its <br />obligations hereunder to the extent of any permanent transfer of capacity. except as other..ose <br />provided herein. Promptly following any lease. sublease. assignment. pledge or other <br />hypothecation. the lessee. sublessee. assignee. pledgee. etcetera. as applicable. shall deliver to <br />the SWSP Enterprise a WT1tten notice and acknowledgement in the form of Exhibit 3 attached <br />hereto. This Contract Is made for the exclusive benefit of the Allottee and shall not inure to <br />the benefit of any successors or assigns of said Allottee except pursuant to the terms of thiS <br />Contract. <br /> <br />13. Permitted Assil!nments. Allottee shall have the right to temporanly assign all or a <br />portion of its capacity allotment to another PartiCipant Within the physical capabilities of the <br />Pipellne and the cond1t1ons set forth on Schedule A. The SWSP Enterprise shall not be <br />required to recoamze such an assignment until it has received reasonable notice thereof from <br />the Allottee. <br /> <br />14. Remed1es. <br /> <br />a. Should the Allottee or the SWSP Enterprise suffer injury or damage to person or <br />property because Df any error. omJssion or act of the other party or of any of the <br />other party's employees or agents or others for whose acts the other party is <br />legally Uable. cla1ms w1l1 be made in WT1ting to the other party v.ithin a <br />reasonable ume of the first observance of such injury or damage. The <br />provisions of thiS subparagraph shall not be construed as a substitute for or <br />waJver of the provisions of any applicable statute of 1JmJtations or repose or any <br />other rights hereunder. <br /> <br />13 <br />