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<br />: <br /> <br />shall use its best efforts to protect the Water Right from <br />being materially injured. abandoned. or otherwise impaired. <br /> <br />7. The timetable established in paragraphs 1 through 5 for <br /> <br /> <br />actions by the CWCB may be extended by written agreement of the <br /> <br /> <br />CWCB and TNC. <br /> <br />RESPONSIBILITY ~OR DILIGENCE PROCEEDINGS <br /> <br />8. TNC shall be responsible for all diligence findings on <br />the Water Riqht in Case No. 89CW79. District Court for Water <br />Division No.4. and shall make its best e~forts to obtain such <br />diligence findings at the earliest possible date. TNC shall <br />not compromise the Water Right without a trial in this <br />proceeding without the written consent of the CWCB, If the <br />matter is tried. TNC shall not forego or waive any right of <br />appeal without the written consent of the CWCB, After the <br />Water Right has been conveyed to the CWCB pursuant to <br />paragraph 6. the CWCB shall file a statement in this proceeding <br />indicating the change of ownerShip of the Water Right and <br />supporting the application for due diligence. <br /> <br />9, This Agreement shall automatically terminate if and <br />when TNC is unable. after any appeals. to obtain a finding of <br />diligence and a decree in Case No, 89CW79, In this event. no <br />party shall have any further rights. responsibilities. or <br />obligations pursuant to this Agreement. <br /> <br />-7- <br />