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e ? t <br />• (a) A default shall be deemed to have occurred if either party breaches its <br />obligations hereunder and fails to cure such breach, for non-payment of sums hereunder, within <br />five days of receipt of written notice by the non-breaching party specifying the breach, and for all <br />other breaches, within 30 days of receipt of written notice specifying the breach. <br />(b) Upon any default by either party, the non-defaulting party shall be entitled <br />to seek any available remedies under law or equity (including, without limitation, specific <br />performance and/or damages) and the prevailing party shall also be entitled to recovery of its <br />reasonable attorneys' fees, expert witness fees, and court costs. <br />18. Additional Yield. The parties acknowledge that even if the physical capacity of <br />Eagle Park Reservoir Project remains constant, the firm yield of the Project could nevertheless be <br />increased beyond 2,013 acre feet if additional water rights and water supplies are integrated in <br />the Project. The development of such additional yield ("Additional Yield") shall be governed by <br />the following provisions. <br />(a) The Reservoir Company shall pay Climax $1,000.00 in cash or certified <br />funds, per acre foot of additional firm yield that is developed. It is understood that this payment <br />shall be in addition to the price, if any, that the Reservoir Company may pay to acquire additional <br />water rights to integrate into Eagle Park Reservoir in order to develop such Additional Yield. <br />Said payment shall be due within 30 days of the entry of a final decree, not subject to appeal <br />(save for any retained jurisdiction provisions), adjudicating and/or changing the water rights that <br />• are the legal source of the Additional Yield; provided, however, that if the Additional Yield is the <br />result of a negotiated agreement and an adjudication or change of water rights is not necessary in <br />order to create such Additional Yield, then the payment shall be due within 30 days of the date <br />said agreement is signed. <br />(b) For the purpose of determining Additional Yield, "firm yield" shall mean <br />the volume of water that can be released from Eagle Park Reservoir during dry year conditions on <br />a reliable basis without shortage, based on reservoir operations in which a volume of water equal <br />to one-fourth the firm yield is released during wet year conditions and one-half is released during <br />average year conditions. Dry year, average year and wet year conditions shall be distinguished by <br />the relative amounts of streamflow in the Eagle River basin during the months of September <br />through March throughout the study period of 1947 through 1993. Dry year conditions occurred <br />during the 12 years of said study period with the lowest prevailing streamflow, average year <br />conditions occurred during the median 24 years, and wet year conditions occurred during the 11 <br />years of highest streamflow. <br />19. Notice. All notices and other communications under this Agreement shall be in <br />writing and shall be deemed to have been duly given on the date of service, if served personally <br />on the party to whom notice is given, or on the third day after mailing, if mailed to the party to <br />whom notice is to be given by first class mail, registered or certified, postage prepaid and <br />properly addressed as follows: <br />fd2669 -13-