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<br />requires modification; and various other environmental and legal <br />considerations. On the other hand, it is to the advantage of both <br />the River District and Denver if bids can be let and construction <br />can proceed forthwith because of current low interest rates and <br />anticipated competitive construction climates. <br /> <br />a. Denver is willing to share the risks described in <br />this paragraph with the River District, and therefore agrees <br />to pay to the River District within thirty days after the <br />execution hereof a nonrefundable deposit in the amount of <br />$2,400,000, which is approximately forty percent of the River <br />District's cash expenditures toward construction of the <br />Reservoir. <br /> <br />b. When and if the Reservoir construction is started, <br />the good faith deposit, without interest, shall be credited <br />and offset against the first payments due from Denver to the <br />River District as provided in Exhibit B. <br /> <br />15. If the River District shall hereafter be precluded from <br />building the Reservoir for any reason beyond the control of the <br />River District, including, without limitation, the problems <br />referenced in Paragraph 14 above; geologic considerations; or a <br />change in economics making construction of the Reservoir under the <br />payment schedule see forth in Exhibit B uneconomic, the good faith <br />deposit paid by Denver under paragraph 14 above, and the interest <br />thereon, shall be retained by the River District as its sole and <br />separate property, and both parties shall thereafter be released <br />from all obligations hereunder. The retention of such sum is in <br />the nature of sharing the risk, and any assets or properties <br />acquired by the River District in preparation for the construction <br />of the Reservoir shall be and remain the sole and separate property <br />of the River District. <br /> <br />16. Subsequent to the Term of the Lease Agreement, Denver <br />shall pay forty' percent of all operation, maintenance and <br />rehabilitation ("OM&R") expenses incurred in connection with the <br />Reservoir except for power generation facilities. Prior to October <br />1 of each year, the River District and Denver shall mutually agree <br />to a project budget for the following calendar year which shall <br />provide for contributions by the River District and Denver to a <br />special account under the control of the River District through <br />which all expenditures for OM&R shall be made. <br /> <br />a. OM&R shall include dollar costs related to the <br />Ritschard Dam and Reservoir project (but excluding power <br />generating facilities), including all dollar costs incident to <br />compliance with permitting requirements and all dollar costs <br />incident to the proj ect such as, without any intent of <br /> <br />6 <br />