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<br />salaries, which shall not exceed 5%. The increased cost due <br />to delay will be prorated on a monthly basis and segmented in <br />the monthly billings from the Engineer, and will be billed <br />quarterly by the River District to Denver. Denver shall also <br />pay any increased costs incurred by the Engineer which are <br />directly attributable to re-bidding the dam construction <br />project pursuant to paragraph 18 (b) . The amount of such <br />increased costs shall be negotiated between Denver and the <br />Engineer. <br /> <br />19. Because Denver has agreed to pay all increases in dollar <br />costs of construction of the Reservoir incurred by reason of <br />Denver's discomfort with the status of the 91CW252 litigation, the <br />attorneys for Denver shall be considered as the lead attorneys in <br />that litigation, notwithstanding the fact that Denver and the River <br />District are co-applicants therein. Designation of the attorneys <br />for Denver as lead attorneys shall not prohibit the attorneys for <br />the River District from making independent decisions concerning all <br />matters that arise in such litigation so long as such efforts are <br />consistent with the most rapid resolution of the litigation by <br />final decree. <br /> <br />WATER SUPPLY IN FRASER RIVER VALLEY. <br /> <br />20. Under the Clinton Reservoir Agreement referenced in <br />Recital I, Denver is purchasing 920 acre feet per year of Summit <br />County Agreement water from Summit County and the Summit County ski <br />areas. Denver has agreed to make this 920 acre feet available to <br />water users in Grand County in the Fraser River Basin by means of <br />by-pass at Denver's intakes or delivery by other methods from <br />Denver's Fraser River collection system, Williams Fork Reservoir or <br />Williams Fork collection system. The River District agrees to <br />repay Denver with water in Wolford Reservoir ("Repayment Water") <br />for purchasing and delivering the 920 acre feet of water to the <br />Grand County users, in the following manner: <br /> <br />a. During the <br />Repayment Water shall <br />within and as part of <br /> <br />Term of the Lease Agreement, <br />be deemed to be repaid to Denver <br />the leased reservoir water. <br /> <br />the <br />from <br /> <br />b. Subsequent to the Term of the Lease Agreement, the <br />River District shall make 1,000 acre feet of Repayment Water <br />per year available for use by Denver from the River District <br />Share. This Repayment Water shall be used by Denver within <br />and subject to the terms of the Substitution Agreement and any <br />decree which may be entered in Case No. 91CW252, referenced in <br />Recital F above. Denver shall pay a 1/30th share of OM&R, <br />calculated as set forth in Paragraph 16 by reason of the <br /> <br />9 <br />