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RULES AND REGULATIONS

(25) This contract is subject to such rules and regulations conforming to the Boulder Canyon project act as the Secretary may from time to time promulgate; provided, however, that no right of the allottee hereunder shall be impaired or obligation of the allottee hereunder shall be extended thereby; and provided further, that opportunity for hearing shall be afforded the allottee by the Secretary prior to promulgation thereof.

AGREEMENT SUBJECT TO COLORADO RIVER COMPACT

(26) This contract is made upon the express condition and with the express understanding that all rights hereunder shall be subject to and controlled by the Colorado River compact, being the compact or agreement signed at Santa Fe, N. Mex., November 24, 1922, pursuant to act of Congress approved August 19, 1921, entitled "An act to permit a compact or agreement between the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming, respecting the disposition and apportionment of the waters of the Colorado River, and for other purposes,” which compact was approved in section 13 (a) of the Boulder Canyon project act.

CONTINGENT UPON APPROPRIATIONS (27) This contract is subject to appropriations being made by Congress from year to year of moneys sufficient to do the work provided for herein, and to there being sufficient moneys available in the Colorado River Dam fund to permit allotments to be made for the performance of such work. No liability shall accrue against the United States, its officers, agents, or employees, by reason of sufficient moneys not being so appropriated or on account of there not being sufficient moneys in the Colorado River Dam fund to permit of said allotments. This agreement is also subject to the condition that if for any other reason construction of Hoover Dam is not prosecuted to completion with reasonable diligence, then and in such event either party hereto may terminate its obligations hereunder upon one (1) year's written notice to the other party hereto.

TITLE TO REMAIN IN UNITED STATES (28) As provided by section six (6) of the Boulder Canyon project act, the title to Hoover Dam, reservoir, plant, and incidental works shall forever remain in the United States.

REMEDIES UNDER CONTRACT NOT EXCLUSIVE (29) Nothing contained in this contract shall be considered as in any manner abridging, limiting, or depriving the United States of any means of enforcing any remedy either at law or in equity for the breach of any of the provisions hereof which it would otherwise have.

MEMBER OF CONGRESS CLAUSE

(30) No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom. Nothing, however, herein contained shall be construed to extend to this contract if made with a corporation for its general benefit.

In witness whereof, the parties hereto have caused this contract to be executed in triplicate the day and year first above written. Attest:

THE UNITED STATES OF AMERICA,
By Ray LYMAN WILBUR, Secretary of the Interior.

LOS ANGELES GAS & ELECTRIC CORPORATION,

By ADDISON B. Day, its President. Approved as to form:

PAUL OVERTON, General Counsel.

F. E. SEAVER, Secretary. Attest: (SEAL.]

And Southern California Edison Co. (Ltd.), as evidence of its approval of this contract, has caused its corporate name to be subscribed hereto by its officers thereunto duly authorized, as at the day and year first above written.

SOUTHERN CALIFORNIA EDISON Co. (Ltd.),

By R. H. BALLARD, President. Attest:

CLIFTON PETERS, Secretary. Approved as to form:

Roy V. REPPY, General Counsel. By G. E. TROWBRIDGE, Attorney.

11-16-31. (SEAL.]

EXHIBIT A

Omitted. Consists of Appendix 2, supra.

[APPENDIX 5]

BOULDER CANYON PROJECT

CONTRACT FOR ELECTRICAL ENERGY

THE UNITED STATES

AND
THE SOUTHERN SIERRAS POWER CO.

November 5, 1931

193

CONTRACT FOR ELECTRICAL ENERGY

Article

1. Contract for electrical energy. 2-6.. Explanatory recitals.

7. Allocations of electrical energy. 8. Firm and secondary energy defined. 9. Generating agencies. 10. Delivery of electrical energy. 11. Charges to be paid the United States. 12. Monthly payments andjpenalties. 13. Minimum annual payment. 14. No energy to be delivered without payment. 15. Contract may be terminated in case of breach. 16. Interruptions in delivery of water. 17. Measurement of energy. 18. Inspection by United States. 19. Transmission. 20. Duration of contract. 21. Disputes and disagreements. 22. Use of public and reserved lands of the United States. 23. Priority of claims of the United States. 24. Transfer of interest in contract. 25. Rules and regulations. 26. Agreement subject to Colorado River compact. 27. Contingent upon appropriations. 28. Title to remain in United States. 29. Remedies under contract not exclusive. 30. Member of Congress clause.

195

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