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PROJC01503
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Last modified
11/19/2009 11:25:36 AM
Creation date
10/6/2006 12:23:00 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153829
Contractor Name
Eagle Park Reservoir Company
Contract Type
Loan
Water District
37
County
Eagle
Bill Number
SB 96-153
Loan Projects - Doc Type
Application
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<br /> <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 />" <br /> <br />.~ <br />~ <br /> <br />while the withdrawing Contracting Party was a party. Upon <br />withdrawal, a withdrawing Contracting Party shall have no <br />further interest, right or title in or to any assets or <br />equity of the Authority, and shall forfeit its status as a <br />"Contracting party" with regard to its Board of Directors <br />position and voting rights inherent therein, unless there is <br />a specific agreement to the contrary; provided, however, <br />that any water rights conveyed, assigned, leased or other- <br />wise contributed to the Authority by a withdrawing Contract <br />Party shall immediately vest in such Contracting Party. <br /> <br /> <br />8. Distribution on Termination. <br /> <br />8.1 Distribution of Assets: In the event of the <br />recissionor termination of this Agreement and the <br />dissolution of the Authority, all of the assets of the <br />Authority shall immediately vest in the Contracting <br />Parties, subject to any outstanding liens, mortgages or <br />other pledges of such assets. The interests in the <br />general assets of the Authority conveyed to each Con- <br />tracting Party shall be that proportion which the <br />average annual amount of treated water sold to each <br />Contracting Party bears to the average annual total <br />amount of all treated water sold by the Authority to <br />all Contracting Parties. Proviaed, however, that the <br />Contracting Parties may otherwise provide, by unanimous <br />agreement, for disposition of any and all interests of <br />the Authority to any successors to the Authority, or <br />for any alternative disposition among the Contracting <br />Parties. <br /> <br />8.2 Distribution of Water Rights. In the event <br />of the recission or termination of this Agreement and <br />the dissolution of the Authority, all right, title and <br />interest of the Authority in any water rights of the <br />Authority shall, immediately vest in the Contracting <br />Parties as follows: <br /> <br />a. As to any water rights or interest therein <br />conveyed, assigned, leased or otherwise con- <br />tributed to the Authority by a Contracting <br />Party, such water rights shall immediately <br />vest in the Contracting Party which conveyed, <br />assigned, leased or otherwise contributed <br />such water rights to the Authority. <br /> <br />b. As to any other water rights of the Authority, <br />the interests in such water rights conveyed <br />to each Contracting Party shall be distributed <br />in accordance with the provisions of paragraph <br />8.1 above. <br /> <br />9. Execution of Contracts. <br /> <br />Except as otherwise provided by law, the Board of <br />Directors may authorize any officer or officers, agent or <br />agents, to enter into any contLact, or execute and deliver <br />any instrument in the name and on behalf of the Authority. <br /> <br />10. Negotiable Instruments. <br /> <br />All checks, drafts or other orders for payment of <br />money and all notes, bonds, or other evidences of indebted- <br />~ess issued in the name of the Authority shall be signed by <br />su~h officer or officers, agent or agents, employee or em- <br />ploy~es of the Authority, and in such manner as, from time <br />to time, shall be determined by resolution of the Board of <br />Directors. <br /> <br /> <br />9 <br />
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