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Phase 2 of this Agreement shall terminate at such time as Lower does not <br />exercise its right to operate the HRWP in any of three consecutive years or upon <br />mutual agreement of both parties. <br />20. Lower and SPRR acknowledge that SPRR, in furtherance of this Agreement and <br />to facilitate the HRWP, has entered into that certain Site Spec�c Agreement <br />(CO-196-1) with Ducks Unlimited, Inc., as attached hereto as Exhibft A. <br />21. Lower and SPRR acknowledge that Lower, in furtherance of this Agreement and <br />to facilitate the HRWP, has entered into that certain Agreement by and between <br />the South Platte Water Related Activities Program, Inc. (SPWRAP), Ducks <br />Unlimited, inc. (DU), Lower South Platte Water Conseroancy District Water <br />Activities Enterprise (Lower) and Colorado Water Conservation Board/Colorado <br />Department of Natural Resources (CWCB/CDNR), as attached hereto as Exhibit <br />B. <br />22, Lower acknowledges that SPRR may at times wish to utilize unused capacity in <br />the HRWP to divert fully consumable water developed by SPRR and/or divert <br />water available when the January 8, 2008 HRWP water right is in priority during <br />such times when Lower opts not fo divert water or has available unused capacity <br />in the HRWP. Lower agrees to allow SPRR to pump the HRWP during such <br />times so long as SPRR pays operations, electrical and maintenance costs <br />associated with such pumping and SPRR augments any depletions or retum <br />flows obligations created from such operations by a separate Water Court <br />approved augmentation plan developed by SPRR or its designees. <br />23.It is the intent of the parties that this Agreement shall run with the Property, and <br />shall inure to the benefit of, and be enforceable by and binding upon, the parties, <br />their respective heirs, successors, assigns, and personal representatives. <br />24.This document represents the complete Agreement of the parties hereto, and no <br />oral modification shall be recognized. Amendments to the Agreement may be <br />made during the term of this Agreement. Any amendments or additions shall be <br />made in writing and signed by the parties. <br />25. Either party may record this Agreement in the real property records of Sedgwick <br />County. <br />7 <br />