Common use of PROJECT MODIFICATION OR FAILURE Clause in Contracts

PROJECT MODIFICATION OR FAILURE. If, after the Enforcement Date, any of the projects or other measures set forth in Articles 5.2.3.1, 6, 7.3.1, or 7.3.3 fail, are determined to be infeasible, do not receive necessary permits, or for any other reason fail to meet the objectives of the Parties as reflected in the terms of this Settlement Agreement, the Parties shall reconvene and negotiate in an attempt to agree on modified or alternative projects or measures that are otherwise consistent with this Settlement Agreement and secure to the Parties the benefits of their bargain, including the permit exemptions and the waiver of protests, objections, or opposition in any manner to any applicable permits that are consistent with the Settlement Agreement and that are necessary for the construction and operation of the modified or alternative projects or measures contained in this Settlement Agreement. In addition, if, after the Enforcement Date, EPWSD, TVAA, or the MDWCAs receive funding from the State that is not adequate to acquire and transfer the water rights set forth in Articles 6.1.2, 6.3.1.8, and 6.4.4, the Water Rights Owning Parties shall reconvene and negotiate in an attempt to obtain funding sufficient to complete the acquisition and transfer of those water rights. The Mitigation Well System is an integral part of this Settlement Agreement. If it fails or is not used as the means of providing surface water offsets required by the Water Rights Owning Parties’ Future Groundwater Diversions as set forth in Article 7.3.3.1.10, then a critical part of the Settlement Agreement which all Parties have bargained for will be removed. Under such circumstances, the Water Rights Owning Parties shall reconvene and negotiate terms and provisions which will provide mutually acceptable alternative solutions.