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�, <br />� <br />NOW, THERBFORE, it is hereby agreed that: <br />1. The Contractor agrees to have an operational model <br />prepared and directed to the problem of improving operation of <br />Platoro Dam and Reservoir, in accordance with a proposal for a <br />computer model prepared by the consulting firm of Hydrosphere <br />Resource Consultants (the Consultant), and approved by the State, <br />dated August 26, 1991, which proposal is attached hereto as Exhibit <br />A and made a part of this contract. <br />2. The Contractor agrees to pay all costs for development of <br />the operational model pursuant to any contract it may enter into <br />with the Consultant for the purposes of this contract, and in no <br />event shall such payment be the liability of the State. <br />3. The following final work products deliverable to <br />Contractor pursuant to its contract with the Consultant shall be <br />furnished to the State within 10 days of receipt thereof by <br />Contractor: <br />A. A planning model that can be utilized on a personal <br />computer; <br />B. A user's manual for the model which includes explanations <br />of the scope, assumptions, uses, limitations, etc. The <br />assumptions pertaining to river administration, reservoir <br />operations, and synthetic stream flow development will be <br />fully documented and clearly stated. Instructions on input, <br />along with examples of model generated output and <br />interpretation would be included. All information generated <br />will be provided in a format conducive to a better <br />understanding of Conejos River basin water resources by the <br />Contractor and the State Engineer. Model outputs will be <br />generated in a format which will allow for an evaluation of <br />forecasted stream flow and storage content to assist <br />individual water users and the District with decision-making <br />about whether to rely on direct flow water rights or to use <br />Platoro Reservoir storage water in the upcoming irrigation <br />season. <br />These final work products shall be delivered to the Contractor <br />no later than December 1, 1992, unless such time is extended by <br />mutual agreement of the parties hereto in writing. The Contractor <br />and the State shall enter into a separate Software License <br />Agreement with the Consultant, attached hereto as Exhibit B and <br />made a part of this contract. The State shall not enter into any <br />sublicensing agreements without express written consent of the <br />Contractor. <br />4. The State agrees to loan to the Contractor the amount of <br />Fifty Thousand Dollars ($50,000) for the purpose of this contract, <br />payable to the Contractor in the following manner: <br />