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6.6 The computation of achta] seasonal poundage results of TP and TIN and of discharge concentrations of TP and TIN to measure excursions shall be based upon flow weighted composite samples collected and analyzed by the District no less frequently than every 4 days (e.g., Monday and Friday of one week; Tuesday and Saturday of the next week; Wednesday and Sunday ofthe next week, and so forth). The samples will be analyzed by a laboratory that holds appropriate State and Federal certifications for the TP and TIN analysis, and the cost of sampling and analysis shall be borne by the District. Copies of samplutg results will be provided to Black Hawk and Central, who will be responsible for providing copies, as received, to any stipulator that wishes to receive the results. Results maybe provided in hard copy by mail, electronic format by e-mail or other manner that is convenient and satisfactory. Black Hawk, Central, the County, or the District may elect at any time to sample more frequently at the requestor's cost. With reasonable notice, any stipulator may request split samples from the District. Any stipulator may collect and analyze flow weighted composite samples independently at its own cost. 6.7 In determining the number of days of TP and TIN excursions, the day on which a sample shows a TP or TIN excursion shall Ue counted, and every subsequent day until a subsequent sample does not show an excursion shall also be counted. For example, if a sample taken on a Monday shows an excursion, while the nett sample, taken on the ensuing Friday, does not, then Monday, Tuesday, Wednesday, and Thursday shall all be counted as excursions. Further, all samples collected and analyzed by a certified laboratory and meeting acceptable quality assurance and quality control procedures shall be included in the calculation of seasonal poundage results. 7. If the design and construction cost for the TWT at the New Plant will exceed $1,500,000 (2000 dollars) and the Funding Parties are unable to agree on how to allocate and fiord the total additional design and construction cost, then: (1) the escrow provided in Paragraph 5.2,. above, shall be dissolved and all sums remaining in the escrow, with interest thereon, shall be rehirned to the parties that funded the escrow accotmt pro rata to their contribution; and (2) the District shall be relieved of all obligations under the Stipulation. The TWT design costs to be paid from the escrow shall not exceed $90,000 (2000 dollars). 8. The County, Central, and Black Hawk covenant not to materially interfere with the other parties' financing provided for in paragraph 5.2.2, above. 9. Term and Termination. The parties agree that the term of this Agreement shall be perpetual. This Agreement shall be terminated only if the fiinding required by the Stipulation and described in paragraph 5.2, above, is not accomplished or ifthe District is relieved ofits obligations under the Stipulation due to lack of agreement on allocating and funding TWT design and constnucton costs fdr the New Plant in excess of $1.5 million (2000 dollars), as described in paragraph 7, above. The parties to this Agreement agree to give 60 days written notice to the other parties to this Agreement before any party files a motion orrequest to reopen pursuant to paragraph 3.5 of the Stipulation. 10. So long as the District performs its obligations set forth above, to the extent allowable and enforceableby law, BlackHawk, Central, and the County agree to indemnify and hold the District harmless in the event that their respective water augmentation, exchange, or substihtte supply plans are unable to operate because of failure to meet the conditions of the Stipulation. Nothing herein shall preventBlackI-Iawk, Central orthe County from filing ormaintaining an action for mandatory injunctive relieve against the District to require the District to perform its obligations, or entitle the District to any indemnification in such an action for mandatory injunctive relief. s_