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<br />, -.-thrGugh-a.n-augment~ti~t~iionin-Or-der-t~recei.\le..consumpti:\'e-use..credits.iorJ:he-W.ater-Rights <br />and Dry-Up Land. If Purchaser is required or desires to physically divert the Water Rights into <br />the Keesee Ditch then Seller agrees to convey to Purchaser, for no additional consideration, the <br />Easement for the use, operation and maintenance of the Keesee Diversion Dam, the Keesee <br />Ditch, including any laterals orwasteways, and for the construction of an augmentation station as <br />more specifically set forth below: · <br /> <br />a. Purchaser's request for the conveyance of the Easement by Seller <br />shall be made, in writing, within ten years of the Closing Date. If <br />Purchaser does not make a written request for Seller to convey the <br />Easement within ten years of the Closing Date then Seller's <br />obligation to convey the Easement to Purchaser shall automatically <br />terminate. <br /> <br />b. Seller agrees that the Easement conveyed to Purchaser will be <br />sufficient in scope and extent for Purchaser's purposes which may <br />include use of the Keesee Diversion Dam, Keesee Ditch and <br />appurtenant facilities and may also include the construction of an <br />augmentation statioJl and all related facilities for measurement and <br />delivery of the Water Rights, after diversion into the Keesee Ditch, <br />back to the Arkansas River. The Easement shall include <br />reasonable access to the Keesee Diversion Dam and Ditch and <br />augmentation station, including any laterals or wasteways <br />burdened by the Easement, along the bank. of said structures and <br />through said structures for use, maintenance, repair or cleaning and <br />for construction of the augmentation station with such mechanized <br />equipment as may be needed. The Easement shall also include <br />reasonable use of the Land adjacent to the ditch, laterals or <br />wasteways burdened by the Easement for placement of materials <br />removed from the ditch, laterals or wasteways during cleaning or <br />repair and for placement of materials used in the construction of <br />the Augmentation Station. <br /> <br />c. Purchaser agrees that any Easement conveyed under this Section <br />will include an obligation for Purchaser to pay one-half of the <br />regular operation and maintenance costs of whatever portion of the <br />Keesee Ditch, and any laterals and related facilities that are used <br />by Purchaser in the use of the Easement and Augmentation Station. <br /> <br />d. Purchaser and Seller agree to use their best efforts to work out <br />specific language for the Easement and to resolve any issues they <br />may have related to the Easement. <br /> <br />e. Seller agrees to convey the Easement by statutory special warranty <br />deed free and clean of all liens and encumbrances. <br /> <br />Page 11 of 29 <br />