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, <br />' <br />' 4. SPRR shall own the lift station, pipelines, valves, recharge ponds, and other <br />infrastructure, fixtures, improvements and appurtenances constructed pursuant to <br />this Agreement. <br />5. Subject to the terms of this Agreement, Lower shall own the water rights for the <br />HRWP decreed in Case No. 08CW24 and any other water rights decreed for use <br />in the HRWP in perpetuity, hereinafter "HRWP water rights". However, Lower <br />shall transfer the HRWP water rights to SPRR if and when Phase 2 of this <br />Agreement is terminated as described in paragraph 19. ` <br />6. SPRR shall grant to Lower such <br />access, construction, operation, <br />pipelines, valves, recharge ponds <br />easements shall terminate on the <br />described in paragraph i9. <br />easements as necessary on the Property for <br />and maintenance for the new fift station, <br />and other infrastructure for the HRWP. Such <br />date Phase 2 of this Agreement terminates as <br />7. To the maximum extent allowed by law, Lower does hereby indemnify and agree <br />to hold SPRR harmless of and from any claims or causes of action from third <br />parties against SPRR arising out of the construction, operation and maintenance <br />of the HRWP. Lower shall maintain liability insurance to cover such claims and <br />causes of action. SPRR does hereby indemnify and agree to hold Lower <br />harmless of and from any claims or causes of action arising from all other uses <br />and issues associated with the Property, including but not limited to recreation. <br />SPRR shall maintain liability insurance to cover such claims and causes of action <br />for the term of this Agreement. Nothing herein shall be construed as a waiver of <br />Lower's immunity under the Governmental Immunity Act. <br />8. SPRR shall receive 20% of the accretion credits generated monthly at the river <br />during the water year (November 1st thru October 31'�) by the HRWP. Lower <br />shall receive SO% of the accretion credits generated monthly at the river during <br />the water year by the HRWP. The sole consideration for these credits is <br />contained in the other terms of this Agreement and neither party shall be required <br />to pay any fee or other consideration to the other for these credits. Upon transfer <br />of the water rights pursuant to paragraph 5 above, all such accretion credits shall <br />inure to SPRR. <br />SPRR may operate the HRWP out-of-priority during the time period August 25�" <br />through October 15�h each year to provide a water supply to constructed ponds or <br />wetlands. SPRR shall be entitled to apply SPRR's 20% of the accretion credits <br />generated by the HRWP to replace depletions from such out-of-priority pumping <br />of the lift station. However, evaporative losses from exposed groundwater <br />described in paragraph 11 and the out-of-priority pumping described in this <br />paragraph may not exceed SPRR's 20% accretion credits generated by the <br />HRWP on a daily basis. Lower will provide monthly and daily water accounting to <br />2 <br />