Common use of ASSURANCES AND CAVEATS Clause in Contracts

ASSURANCES AND CAVEATS. Because the Water Forum Agreement is a comprehensive set of linked elements, it is absolutely essential that adequate assurances be secured for every element. In an agreement that will extend over three decades, the timing of these assurances is critical. Full implementation of all seven elements cannot occur simultaneously. Therefore all signatories agree with the provisions in the Assurances and Caveats Section of this Water Forum Agreement. Two particularly important assurances are the updated Lower American River Flow Standard and Upstream American River Diversion Agreements. All signatories agree they will recommend to the State Water Resources Control Board an updated American River flow standard and updated Declaration of Full Appropriation to protect the fishery, wildlife, recreational and aesthetic values of the Lower American River. The recommendation will include requirements for U.S. Bureau of Reclamation releases to the Lower American River. In addition, the City of Sacramento’s Xxxxxxxxx diversion will be required to comply with the diversion limitations of the City’s Purveyor Specific Agreement. The Water Forum Agreement also includes agreed upon dry year reductions by purveyors upstream of Nimbus Dam. The recommendation for an updated Lower American River standard will be consistent with: Water Forum Agreement provisions on water diversions including dry year diversions, and Implementation of the Improved Pattern of Fishery Flow Releases which optimizes the release of water for the fisheries. The recommendation will also address related issues such as principles to guide water management in the driest years, flexibility in the standard to allow adaptive management, and amending the existing “Declaration of Full Appropriation for the American River.” Purveyors signatory to the Water Forum Agreement who divert from upstream of Nimbus Dam agree they will enter into contract with the Bureau that will provide assurances that the upstream diverters will divert only the agreed upon amounts, which include provisions for reductions in dry year and/or other equivalent measures. In order to have a durable agreement it is necessary to include the following caveats. These are statements describing actions or conditions that must exist for the Agreement to be operative.

ASSURANCES AND CAVEATS. Because the Water Forum Agreement is a comprehensive set of linked elements, it is absolutely essential that adequate assurances be secured for every element. In an agreement that will extend over three decades, the timing of these assurances is critical. Full implementation of all seven elements cannot occur simultaneously. Therefore all signatories agree with the provisions in the Assurances and Caveats Section section of this Water Forum Agreement. Two particularly important assurances are the updated Lower lower American River Flow Standard flow standard and Upstream upstream American River Diversion Agreementsdiversion agreements. All signatories agree they will recommend to the State Water Resources Control Board (SWRCB) an updated American River flow standard and updated Declaration of Full Appropriation to protect the fishery, wildlife, recreational and aesthetic values of the Lower lower American River. The recommendation will include requirements for Reclamation the U.S. Bureau of Reclamation releases to the Lower lower American River. In addition, the City of Sacramento’s Xxxxxxxxx diversion will be required to comply with the diversion limitations of the City’s Purveyor Specific AgreementPSA. The Water Forum Agreement also includes agreed upon dry year reductions by purveyors upstream of Nimbus Dam. The recommendation for an updated Lower lower American River standard will be consistent with: Water Forum Agreement provisions on water diversions including dry year diversions, and Implementation of the Improved Pattern improved pattern of Fishery Flow Releases fishery flow releases which optimizes the release of water for the fisheries. The recommendation will also address related issues such as principles to guide water management in the driest years, flexibility in the standard to allow adaptive management, and amending the existing “Declaration of Full Appropriation for the American River.” Purveyors signatory to the Water Forum Agreement who divert from upstream of Nimbus Dam agree they will enter into contract with Reclamation the Bureau that will provide assurances that the upstream diverters will divert only the agreed upon amounts, which include provisions for reductions in dry year and/or other equivalent measures. In order to have a durable agreement it is necessary to include the following caveats. These are statements describing actions or conditions that must exist for the Agreement to be operative.

ASSURANCES AND CAVEATS. Because the Water Forum Agreement is a comprehensive set of linked elements, it is absolutely essential that adequate assurances be secured for every element. In an agreement that will extend over three decades, the timing of these assurances is critical. Full implementation of all seven elements cannot occur simultaneously. Therefore all signatories agree with the provisions in the Assurances and Caveats Section of this Water Forum Agreement. Two particularly important assurances are the updated Lower lower American River Flow Standard flow standard and Upstream American River Diversion Agreements. All signatories agree they will recommend to the State Water Resources Control Board (SWRCB) an updated American River flow standard and updated Declaration of Full Appropriation to protect the fishery, wildlife, recreational and aesthetic values of the Lower lower American River. The recommendation will include requirements for the U.S. Bureau of Reclamation (Reclamation) releases to the Lower lower American River. In addition, the City of Sacramento’s Xxxxxxxxx diversion will be required to comply with the diversion limitations of the CityC ity’s Purveyor Specific AgreementPSA. The Water Forum Agreement also includes agreed upon dry year reductions by purveyors upstream of Nimbus Dam. The recommendation for an updated Lower lower American River standard will be consistent with: Water Forum Agreement provisions on water diversions including dry year diversions, and Implementation of the Improved Pattern improved pattern of Fishery Flow Releases fishery flow releases which optimizes the release of water for the fisheries. The recommendation will also address related issues such as principles to guide water management in the driest years, flexibility in the standard to allow adaptive management, and amending the existing “Declaration of Full Appropriation for the American River.” Purveyors signatory to the Water Forum Agreement who divert from upstream of Nimbus Dam agree they will enter into contract with the Bureau Reclamation that will provide assurances that the upstream diverters will divert only the agreed upon amounts, which include provisions for reductions in dry year and/or other equivalent measures. In order to have a durable agreement it is necessary to include the following caveats. These are statements describing actions or conditions that must exist for the Agreement to be operative.

ASSURANCES AND CAVEATS. Because the Water Forum Agreement is a comprehensive set of linked elements, it is absolutely essential that adequate assurances be secured for every element. In an agreement that will extend over three decades, the timing of these assurances is critical. Full implementation of all seven elements cannot occur simultaneously. Therefore all signatories agree with the provisions in the Assurances and Caveats Section of this Water Forum Agreement. Two particularly important assurances are the updated Lower American River Flow Standard and Upstream American River Diversion Agreements. All signatories agree they will recommend to the State Water Resources Control Board an updated American River flow standard and updated Declaration of Full Appropriation to protect the fishery, wildlife, recreational and aesthetic values of the Lower American River. The recommendation will include requirements for U.S. Bureau of Reclamation releases to the Lower American River. In addition, the City of Sacramento’s Xxxxxxxxx diversion will be required to comply with the diversion limitations of the City’s Purveyor Specific Agreement. The Water Forum Agreement also includes agreed upon dry year reductions by purveyors upstream of Nimbus Dam. The recommendation for an updated Lower American River standard will be consistent with: Water Forum Agreement provisions on water diversions including dry year diversions, and Implementation of the Improved Pattern of Fishery Flow Releases which optimizes the release of water for the fisheries. The recommendation will also address related issues such as principles to guide water management in the driest years, flexibility in the standard to allow adaptive management, and amending the existing “Declaration of Full Appropriation for the American River.” Purveyors signatory to the Water Forum Agreement who divert from upstream of Nimbus Dam agree they will enter into contract with the Bureau that will provide assurances that the upstream diverters will divert only the agreed upon amounts, which include provisions for reductions in dry year and/or other equivalent measures. In order to have a durable agreement it is necessary to include the following caveats. These are statements describing actions or conditions that must exist for the Agreement agreement to be operative.

ASSURANCES AND CAVEATS. Because the Water Forum Agreement is a comprehensive set of linked elements, it is absolutely essential that adequate assurances be secured for every element. In an agreement Agreement that will extend over three decades, the timing of these assurances is critical. Full implementation of all seven elements cannot occur simultaneously. Therefore all signatories agree with the provisions in the Assurances and Caveats Section of this Water Forum Agreement. Two particularly important assurances are the updated Lower American River Flow Standard and Upstream American River Diversion Agreements. All signatories agree they will recommend to the State Water Resources Control Board an updated American River flow standard and updated Declaration of Full Appropriation to protect the fishery, wildlife, recreational and aesthetic values of the Lower American River. The recommendation will include requirements for U.S. Bureau of Reclamation releases to the Lower American River. In addition, the City of Sacramento’s Xxxxxxxxx diversion will be required to comply with the diversion limitations of the City’s Purveyor Specific Agreement. The Water Forum Agreement also includes agreed upon dry year reductions by purveyors upstream of Nimbus Dam. The recommendation for an updated Lower American River standard will be consistent with: Water Forum Agreement provisions on water diversions including dry year diversions, and Implementation of the Improved Pattern of Fishery Flow Releases which optimizes the release of water for the fisheries. The recommendation will also address related issues such as principles to guide water management in the driest years, flexibility in the standard to allow adaptive management, and amending the existing “Declaration of Full Appropriation for the American River.” Purveyors signatory to the Water Forum Agreement who divert from upstream of Nimbus Dam agree they will enter into contract with the Bureau that will provide assurances that the upstream diverters will divert only the agreed upon amounts, which include provisions for reductions in dry year and/or other equivalent measures. In order to have a durable agreement it is necessary to include the following caveats. These are statements describing actions or conditions that must exist for the Agreement to be operative.

ASSURANCES AND CAVEATS. Because the Water Forum Agreement is a comprehensive set of linked elements, it is absolutely essential that adequate assurances be secured for every element. In an agreement that will extend over three decades, the timing of these assurances is critical. Full implementation of all seven elements cannot occur simultaneously. Therefore Therefore, all signatories agree with the provisions in the Assurances and Caveats Section of this Water Forum Agreement. Two particularly important assurances are the updated Lower lower American River Flow Standard flow standard and Upstream upstream American River Diversion Agreementsdiversion agreements. All signatories agree they will recommend to the State Water Resources Control Board (SWRCB) an updated American River flow standard and updated Declaration of Full Appropriation to protect the fishery, wildlife, recreational and aesthetic values of the Lower lower American River. The recommendation will include requirements for Reclamation the U.S. Bureau of Reclamation releases to the Lower lower American River. In addition, the City of Sacramento’s Xxxxxxxxx diversion will be required to comply with the diversion limitations of the City’s Purveyor Specific AgreementPSA. The Water Forum Agreement also includes agreed upon dry year reductions by purveyors upstream of Nimbus Dam. The recommendation for an updated Lower lower American River standard will be consistent with: Water Forum Agreement provisions on water diversions including dry year diversions, and Implementation of the Improved Pattern improved pattern of Fishery Flow Releases fishery flow releases which optimizes the release of water for the fisheries. The recommendation will also address related issues such as principles to guide water management in the driest years, flexibility in the standard to allow adaptive management, and amending the existing “Declaration of Full Appropriation for the American River.” Purveyors signatory to the Water Forum Agreement who divert from upstream of Nimbus Dam agree they will enter into contract with Reclamation the Bureau that will provide assurances that the upstream diverters will divert only the agreed upon amounts, which include provisions for reductions in dry year and/or other equivalent measures. In order to have a durable agreement it is necessary to include the following caveats. These are statements describing actions or conditions that must exist for the Agreement to be operative.

ASSURANCES AND CAVEATS. Because the Water Forum Agreement is a comprehensive set of linked elements, it is absolutely essential that adequate assurances be secured for every element. In an agreement that will extend over three decades, the timing of these assurances is critical. Full implementation of all seven elements cannot occur simultaneously. Therefore all signatories agree with the provisions in the Assurances and Caveats Section of this Water Forum Agreement. Two particularly important assurances are the updated Lower American River Flow Standard and Upstream American River Diversion Agreements. All signatories agree they will recommend to the State Water Resources Control Board an updated American River flow standard and updated Declaration of Full Appropriation to protect the fishery, wildlife, recreational and aesthetic values of the Lower American River. The recommendation will include requirements for U.S. Bureau of Reclamation releases to the Lower American River. In addition, the City of Sacramento’s Xxxxxxxxx diversion will be required to comply with the diversion limitations of the City’s Purveyor Specific Agreement. The Water Forum Agreement also includes agreed upon dry year reductions by purveyors upstream of Nimbus Dam. The recommendation for an updated Lower American River standard will be consistent with: Water Forum Agreement provisions on water diversions including dry year diversions, and Implementation of the Improved Pattern of Fishery Flow Releases which optimizes the release of water for the fisheries. The recommendation will also address related issues such as principles to guide water management in the driest years, flexibility in the standard to allow adaptive management, and amending the existing “Declaration of Full Appropriation for the American River.” Purveyors signatory to the Water Forum Agreement who divert from upstream of Nimbus Dam agree they will enter into contract with the Bureau that will provide assurances that the upstream diverters will divert only the agreed upon amounts, which include provisions for reductions in dry year and/or other equivalent measures. In order to have a durable agreement Agreement it is necessary to include the following caveats. These are statements describing actions or conditions that must exist for the Agreement agreement to be operative.