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<br /> <br />. . <br /> <br />Third: To generate hydroelectric power. <br />Fourth: To the extent compatible with the <br /> <br />foregoing primary priorities, for aesthetic, recreational <br />and other noncons1.llIlptive uS,es, provided, that the opera- <br /> <br />tional integrity of the Azure Reservoir and Power Project <br /> <br />is maintained and the safety of the public is protected. <br /> <br /> <br />The governmental entity making use of the Project for <br /> <br /> <br />these purposes shall ass1.llIle in a separate agreement with <br /> <br />Subdistrict and River District all resulting operational <br /> <br />and maintenance costs and all liability of any nature <br /> <br />arising from the use of the Project for such public <br /> <br />purposes. <br /> <br />11. During preconstruction, design and construction <br />activities, it may be necessary to modify project design or <br />relocate project features. Should such situation arise, <br />decisions related thereto will be made by mutual agreement of <br /> <br />Subdistrict and River District with advice of all such changes <br /> <br />to Middle Park. <br /> <br />12. At any time during a period of 15 years, or of <br /> <br />I <br />any extended time mutually agreed upon by Subdistrict and <br />) <br />River District, from the ~ate of initiation of construction <br />I <br />of the Windy Gap Project, the Subdistrict and the River <br />District may by mutual agreement determine that it is no <br /> <br />longer feasible to pursue the construction of Azure Reservoir <br /> <br />and Power Project for engineering or other reasons. Should <br />Subdistrict and River District so mutually agree, then likewise <br />by mutual agreement of such parties, an alternate facility <br />shall be selected for construction at the cost of the Subdis- <br /> <br />trict, which facility shall be located, if practicable, <br /> <br />within the geographic area of Middle Park. Said alternate <br /> <br />facility shall be comparable to Azure Reservoir in the sense <br />that it can provide substantially similar benefits to the <br />Parties hereto: provided, the hydroelectric features may be <br />omitted if not feasible and the costs and benefits related <br /> <br />... <br /> <br />0939 <br /> <br />-10- <br /> <br />