allotments. This agreement is also subject to the condition that if Congress fails to appropriate moneys for the commencement of construction work within five (5) years from and after execution hereof, or if for any other reason construction of Boulder Canyon Dam is not commenced within said time and thereafter 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. RIGHTS RESERVED UNDER SECTION 3737 REVISED STATUTES (19) All rights of action for breach of any of the provisions of this contract are reserved to the United States as provided in section 3737 of the Revised Statutes of the United States. REMEDIES UNDER CONTRACT NOT EXCLUSIVE (20) Nothing contained in this contract shall be construed 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. INTEREST IN CONTRACT NOT TRANSFERABLE (21) No interest in this agreement is transferable, and no sublease shall be made, by the district without the written consent of the Secretary, and any such attempted transfer or sublease shall cause this contract to become subject to annulment at the option of the United States. MEMBER OF CONGRESS CLAUSE (22) 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 the day and year first above written. (Executed in quadruplicate original.) THE UNITED STATES OF AMERICA, Attest: NORTHCUTT ELY. Secretary of the Interior. [APPENDIX 12] BOULDER CANYON PROJECT COOPERATIVE CONTRACT FOR CONSTRUCTION AND OPERATION OF PARKER DAM BETWEEN THE UNITED STATES OF AMERICA AND THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Feb. 10, 1933 307 Article COOPERATIVE CONTRACT FOR CONSTRUCTION AND OPERATION OF PARKER DAM 1. Preamble. 2-9. Explanatory recitals. 10. Construction by the United States. 11. Funds to be provided by the district. 12. No obligation by the United States to pay for works con structed. 13. Preparation of plans and specifications. 14. Duration of contract. 15. Power and other privileges. 16. Installation of machinery. 17. Operation and maintenance of reservoir, dam, and outlet works. 18. Operation and maintenance of power plant and power-plant buildings. 19. Title. 20. United States to be held harmless. 21. Access to work and to books and records. 22. Existing contracts between the United States and the district not affected. 23. Transfer of interest in contract. 24. Rules and regulations. 25. Agreement subject to Colorado River compact. 26. Disputes and disagreements. 27. Member of Congress clause. 309 |