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month immediately following the month during which the energy was gen-
(b) In accordance with the provisions of Section 4 (b) of the Adjustment
MINIMUM ANNUAL PAYMENTS
16. The minimum quantity of firm energy which the State shall take and/or
DURATION OF CONTRACT
17. This contract shall remain in effect to and including May 31, 1987, un-
NO ENERGY TO BE DELIVERED WITHOUT PAYMENT
18. Unless an extension of time for payment has been first obtained from
CONTRACT MAY BE TERMINATED IN CASE OF DEFAULT IN PAYMENT
19. If the State shall be in arrears for more than twelve (12) months in the
ACCESS TO BOOKS AND RECORDS
20. The Secretary or his duly authorized representatives shall have free access
USE OF PUBLIC AND RESERVED LANDS OF THE UNITED STATES
21. The use is authorized of such public and reserved lands of the United
22. Any modifications, extension or waiver by the Secretary, subsequent to May 31, 1941, of any of the terms, provisions or requirements of any regulation or contract, promulgated or executed subsequent to May 19, 1941, for the benefit of any one or more of the allottees shall not be denied to the State.
DISPUTES AND DISAGREEMENTS
23. Disputes or disagreements between the United States and the State as to the interpretation or performance of the provisions of this contract shall be determined either by arbitration or court proceedings. If in any such arbitration or court proceedings or otherwise any sum or amount paid by the State on the demand or bill of the United States under this contract shall be held not to have been due or owing, payment shall not be deemed to have been voluntary, and such sum or amount shall be refunded. Whenever a controversy arises out of this contract, and the disputants agree to submit the matter to arbitration the Secretary shall name one arbitrator and the State shall name one arbitrator, and the two arbitrators thus chosen shall select a third arbitrator, but in the event of their failure to name such third arbitrator within five days after their first meeting, such third arbitrator shall be named by the Chief Justice of the Supreme Court of the United States. The decision of any two of such arbitrators shall be a valid award of the arbitrators, and shall be final and binding as to the parties hereto.
PRIORITY OF CLAIMS OF THE UNITED STATES
24. Claims of the United States arising out of this contract shall have priority over all others, secured or unsecured.
TITLE TO REMAIN IN UNITED STATES
25. The title to Boulder Dam and reservoir, Boulder Power Plant, and incidental works, including generating machinery and equipment, shall forever remain in the United States.
EFFECT OF WAIVER OF BREACH OF CONTRACT
26. The waiver of a breach of any of the provisions of this contract shall not be deemed to be a waiver of any provision hereof, or of any other subsequent breach of any provision hereof.
TRANSFER OF INTEREST IN CONTRACT
27. No voluntary transfer of this contract, or of the rights of the State hereunder, shall be made without the written approval of the Secretary; and any successor or assign of the rights of the State, whether by voluntary transfer, judicial sale, trustee's sale, or otherwise, shall be subject to all the conditions of the Project Act as modified by the Adjustment Act, and of the Adjustment Act, and also subject to all the provisions and conditions of this contract to the same extent as though such successor or assign were the original contractor hereunder; provided, that the execution of a mortgage or trust deed, or judicial or trustee's sale made thereunder, shall not be deemed a voluntary transfer within the meaning of this Article.
28. (a) Any notice, demand or request required or authorized by this contract to be given or made to or upon the United States shall be delivered, or mailed postage prepaid, to the Director of Power, United States Bureau of Reclamation, Boulder City, Nevada, except where, by the terms hereof, the same is to be given or made to or upon the Secretary, in which event it shall be delivered, or mailed postage prepaid, to the Secretary, at Washington, D. C.
(b) Any notice, demand or request required or authorized by this contract to be given or made to or upon the State shall be delivered, or mailed postage prepaid, to the Secretary of the Arizona Power Authority, Phoenix, Arizona.
(c) The designation of any person specified in this article or in any such request or notice, or the address of any such person, may be changed at any time by notice given in the same manner as provided in this article for other notices.
CONTRACT CONTINGENT UPON APPROPRIATIONS
29. This contract is subject to appropriations being made by Congress from time to time of money sufficient to make all payments and to provide for the doing and performance of all things on the part of the United States to be done and performed under the terms hereof, and to there being sufficient money available in the Colorado River Dam fund for such purposes. No liability shall accrue against the United States, its officers, agents or employees, by reason of sufficient money not being so appropriated, or on account of there not being sufficient money in the Colorado River Dam fund for such purposes.
OFFICIALS NOT TO BENEFIT
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 herefrom, but this restriction shall not be construed to extend to this contract if made with a corporation or company for its general benefit.