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<br />~' <br />- 15 - ~ •r <br />;1 <br />shall be within the sole discretion of the County, and <br />any decision by the County to deny said relief shall not ,'~' <br />a~.. <br />be subject to the dispute resolution process of this ~,:;:~ <br />Agreement or to judicial review. •:, <br />2.3 Notwithstanding the provision of paragraph <br />2.1 above, at such time as Unit 2 of the Power Plant <br />shall have been in operation for five (5) years, Western- <br />Utah may request the Governmental Entities to modify or <br />terminate this Agreement on the ground that the provisions <br />hereof are no longer necessary and appropriate to effect <br />the objectives set forth in the Recitals above. <br />ARTICLE III <br />CAPITAL IMPROVEMENTS <br />3.1 In accordance with the provisions of this <br />Article, Western-Utah and Deseret, through Western- <br />Utah.will be financially responsible for the costs of <br />the capital facilities that will be used by the project- <br />related population. <br />3.2 Western-Utah and Deseret, through Western- <br />Utah, agree to construct at their sole cost and expense <br />a road from Highway 64 to the t4ine area and to upgrade <br />at their sole cost and expense the associated bridge <br />over the White River, both projects to be undertaken <br />and completed in accordance with County standards. The <br />cost of these improvements is estimated at One Million <br />Six Hundred Thousand Dollars ($1,600,000.00). western- <br />Utah and Deseret, through Western-Utah, further agree <br />to maintain, at their sole cost and expense, to County <br />standards, such road and bridge in good operating con- <br />dition for the life of the Mine. <br />