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<br />.. the-Water AssetLand peJ-foIilljt~oblig(:ltiol15_h~r~~Il4~r_ is that the <br />Dry-Up Land must be acceptable to Purchaser as of closing. <br /> <br />b. Purchaser and Seller agree that, prior to closing, the Dry-Up Land <br />may be shifted to other parcels of land historically irrigated with <br />the Keesee Water Rights but only upon mutual consent of the <br />parties hereto. If a shift in the Dry-Up Land has not been mutually <br />consented to by the parties hereto prior to closing then the Dry-Up <br />Land described in Exhibit B shall automatically become permanent <br />. -- and shall be incorporated into the special warranty deed conveying <br />the Water Assets from Seller to Purchaser at closing as set forth in <br />Section 2.2.a. <br /> <br />c. Purchaser and Seller further agree that, after closing, the Dry-Up <br />Land may be shifted to other parcels ofland historically irrigated <br />with the Keesee Water Rights but only upon mutual consent of the <br />parties hereto. If a shift in the Dry-Up Land after closing has not <br />been mutually consented to by the parties hereto by December 31, <br />2005 then the Dry-Up Land described and depicted in the special <br />warranty deed conveying the Water Assets from Seller to <br />Purchaser at closing as set forth in Section 2.2.a. shall <br />automatically become permanent and may no longer be shifted at <br />the request of Purchaser or Seller. <br /> <br />d. Purchaser and Seller agree to use their best efforts and to negotiate <br />in good faith to resolve any request made pursuant to this Section <br />1.4 to shift the Dry-Up Land to other parcels of land historically <br />irrigated with the Keesee Water Rights. <br /> <br />e. Any request made pursuant to this Section 1.4 to shift the Dry-Up <br />Land to other parcels of land historically irrigated with the Keesee <br />Water Rights shall be made in writing and shall specifically <br />identify the proposed shift of the Dry-Up Land. Seller or <br />Purchaser may withhold its consent to any such request by the <br />other party for a shift in the Dry-Up Land provided that such <br />consent is not unreasonably withheld. <br /> <br />f. Seller and Purchaser agree to execute and deliver such documents <br />and writings as may be required to accomplish a shift of the Dry- <br />Up Land that has been mutually consented to by the parties hereto <br />in accordance with the terms ofthis Section 1.4. <br /> <br />g. The perimeter boundary of the Dry-Up Land shall be monumented <br />by April 1, 2006 as required by the Division Engineer at Seller's <br />cost. - <br /> <br />Page 6 of 29 <br />