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<br />e <br /> <br />e <br /> <br />3. The Council shall use reasonable efforts to assist the Board in obtaining judicial approval of the <br />change application, including requesting the Southwestern Water Conservation District to use its <br />best efforts to assist the Board in obtaining said judicial approval. <br /> <br />4. The Board, in its sole discretion, may cause the application under paragraph 2 to be dismissed at <br />any time before the Water Court issues a final decree. Prior to initiating any such dismissal, the <br />Board shall consult with the Council. If the application is dismissed for any reason, or is denied in <br />whole or in part, or if the decree of the Court is conditioned in such a manner as to prevent this <br />Agreement from being completely fulfilled, then the Board may sell or donate all, or a portion of <br />the Donated Right, to whomever it chooses, subject to the written approval of the Council. <br /> <br />Miscellaneous Provisions <br /> <br />5. This Agreement shall not be assignable by either party without the written consent of the other. <br /> <br />6. All of the provisions of this Agreement shall survive the closing of the conveyance required herein, <br />and shall not merge therewith. <br /> <br />Enforcement <br /> <br />7. Pursuant to Section 37-92-102(3) C.R.S., the terms of this Agreement shall be enforceable by <br />each party as a water matter in the District Court for Water Division 7; provided, however, that <br />before commencing any action for enforcement of this Agreement, the party alleging a breach <br />shall notify the other party in writing of the alleged breach and the parties shall make a good-faith <br />effort to resolve their differences through informal consultation. <br /> <br />8. Specific performance shall be the exclusive remedy for failure of either party to comply with any <br />provision of this Agreement. <br /> <br />DATED this .zL day of ~ ~ ,2002..; <br /> <br />By ~_ ~~ <br />Lee Campbell, Presi ent <br /> <br /> <br />ATTEST: ~4~ <br /> <br />A n Brown, Secretary <br /> <br />COLORADO WATER <br />CONS~RV ': NBOARD " <br /> <br />, -~LvL <br />By: ~ <br />Rod Kuharich, t;>irector <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />(303) 866-3441 <br /> <br />SAN JUAN RESOURCE CONSERVATION <br />AND DEVELOPMENT COUNCIL <br /> <br />3 <br />