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<br />11. The Easement; and <br /> <br />111. The Dry-Up Covenant; and <br /> <br />IV. The Revegetation Covenant; and <br /> <br />v. The Right of Entry; and <br /> <br />VI. Use of the water attributable to Seller's retained interest in <br />one-half (1;2).. of the Keesee Water Rights as more <br />particularly set forth in section 1.8, below of this <br />Agreement. <br /> <br />1 .2 Due Diligence. Purchaser shall have sixty (60) days from the Effective <br />Date of this. Agreement, (the "Diligence Period") to conduct whatever.. due-diligence <br />investigations it desires concerning the Water Assets. To the extent not already provided, within <br />five (5) days of the Effective Date of this Agreement, Seller will furnish to Purchaser copies of <br />all documents or reports in its possession or otherwise reasonably available to Seller relating to <br />or affecting title to the Water Rights and any and all engineering reports, estimates, or other <br />documents in its possession relating to or concerning the historical use of the Water Rights, <br />including the historical consumptive use and the historical stream depletions of the Water Rights <br />and all evidence of Seller's rights to use the Keesee storage account in John Martin Reservoir. <br />Such documents may include, but are not limited to, the following: <br /> <br />a. Any title commitments or title abstracts in Seller's possessIOn <br />related to the Land or related to the Water Rights. <br /> <br />b. Any deed, stock certificate, contract or other instrument conveying <br />or assigning the Land and/or the Water Rights to Seller or his <br />predecessors. <br /> <br />c. Any deed from any person or entity which conveyed to Seller (or <br />any entity in which Seller held an interest) real property on which <br />the Water Rights have been used. <br /> <br />d. Any document evidencing or constituting an encumbrance on the <br />Water Rights, including, but not limited to, a copy of Seller's <br />mortgage, if any. <br /> <br />If, as a result of its investigations during the Diligence Period, Purchaser <br />determines that Seller's title to or any other aspects of the Water Assets are not satisfactory to <br />Purchaser, Purchaser may terminate this Agreement by written notice to Seller delivered prior to <br />expiration of the Diligence Period in which event the parties shall be relieved of all obligations <br />hereunder, except Purchaser's obligation to make the Additional Payment as set forth in Section <br />4.2.a. If, as a result of investigations during the Diligence Period, there are any title defects <br /> <br />Page 4 of 29 <br />