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<br /> <br />. <br /> <br />., <br /> <br />. <br /> <br />. <br /> <br />facilities. If the decision of Grand County is not in accord <br /> <br />with this Agreement, it is understood and agreed to by all <br /> <br />parties hereto that the Subdistrict reserves the right to <br />contest the application of any or all Grand County requirements, <br />including 1041, zoning or environmental application, permit <br />or approval requirements as to Subdistrict activities pursuant <br /> <br />to this Agreement. <br /> <br />37. Within the limits and conditions contained <br /> <br />herein, Subdistrict may build and operate such facilities as <br /> <br />needed to accomplish the purposes of this Agreement. <br /> <br />38. All Parties agree that this Agreement shall not <br /> <br />bind Ranchers to any financial commitment for implementation <br /> <br />thereof. <br /> <br />39. The Parties agree that upon request of any <br /> <br />party to this Agreement they will join with Subdistrict, and <br /> <br /> <br />other interested parties, in the defense of any litigation <br /> <br /> <br />against the construction or operation of either the Windy Gap <br /> <br />Project or Azure Reservoir and Power Project, or alternative <br /> <br />project, by persons or entities who are not parties to this <br /> <br />Agreement. However, this provision shall not be construed to <br />require any financial participation of any type from Ranchers <br /> <br />or Three Lakes. <br /> <br />40. Within 30 days after the issuance of a 1041 <br />permit and any other necessary Grand County approvals pursuant <br /> <br />to paragraph 36, Subdistrict and the Northern Colorado Water <br /> <br />Conservancy District will withdraw from Civil Action 79CV173, <br /> <br />Denver District Court; and from Civil Action 79CVS133, presently <br />pending in the Denver District Court, Denver, Colorado by <br />stipulation of the Northern Colorado Water Conservancy District <br />and Subdistrict and all parties defendant to these actions, <br />which stipulation shall embody the. terms of this Agreement, <br />and agree that the actions and claims represented thereby <br />shall not be refiled except in accordance with the rights <br /> <br />reserved to Subdistrict under the terms of this Agreement. <br /> <br />,..J-', <br /> <br />, <br /> <br />0926 <br /> <br />-23- <br /> <br />. <br /> <br />