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<br />1 .5 Revegetation Requirements. Seller. agrees to be responsible for <br />revegetation of the Dry-Up Land in accordance with the terms and conditions set forth herein <br />and as set forth in the Revegetation Covenant. <br /> <br />, <br />a. Purchaser agrees to provide to Seller, at no cost, sufficient water <br />for revegetation of the Dry-Up Land (the "Revegetation Water"). <br />The Revegetation Water shall either be (1) augmentation water for <br />replacement of the depletions associated with pumping Seller's <br />wellsfor revegetation of the Dry-Up Land or (2) water attributable <br />to the Water Rights. The amount of Revegetation Water necessary <br />for revegetation shall be determined by Purchaser after <br />consultation with Seller by February 28 of each year in which <br />Purchaser is to provide the Revegetation Water. <br /> <br />b. Purchaser and Seller shall mutually agree on the time for <br />commencing revegetation of the Dry- Up Land.. Provided, <br />however, that revegetation of the Dry-Up Land shall commence no <br />sooner than the 2004 irrigation season and no later than the 2006 <br />irrigation season. <br /> <br />c. Seller agrees to use its best efforts to ensure that revegetation of <br />the Dry~Up Land is accomplished within a reasonable amount of <br />time, which is estimated to be within three and five years after the <br />commencement of revegetation. The determination that irrigation <br />for revegetation purposes is no longer necessary will be made by <br />Seller, after consultation with Purchaser, but in no event shall <br />Seller continue irrigation for revegetation using Purchaser's <br />Revegetation Water for a period to exceed five years, after the <br />commencement of revegetation, unless the increased irrigation <br />period is specifically approved by Purchaser. <br /> <br />d. Purchaser reserves the right to cease providing the Revegetation <br />Water upon Purchaser's determination that the water is not being <br />used for revegetation or that the water is being wasted. <br /> <br />1.6 Keesee Storage Account in John Martin Reservoir. The parties agree that, <br />upon Seller's assignment to Purchaser of one-half (~) of the Keesee storage account in John <br />Martin Reservoir, as provided herein, Purchaser shall be entitled to operate its interest in said <br />storage account independently from Seller's retained interest. <br /> <br />1.7 Interim Use of Keesee Water Rights. In consideration of the Earnest <br />Money and other good and valuable consideration Seller hereby grants to Purchaser the <br />undisturbed possession and use of the Keesee Water Rights from April 1, 2003 through October <br />31, 2003 on the terms and cbnditions set forth herein. <br /> <br />Page 7 of 29 <br />