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<br /> <br />in quantity of the water right or <lbandonrncnt of the water right, <br />or the imposition of materially restrictive terms in the change <br />of water right proceeding, but it is expressly agreed that the <br />State shall not be liable for any damage to the value of said <br />water right thereby occurring. The State shall notify the Con- <br />servancy of suc~ election within ten days following said final <br />entry of judgment~ The Conservancy agrees to cooperate in all <br />aspects of the cases, including to appear ~s a joint applicant <br />with the State and to provide the pro bono legal services of <br />David L~ Harrison as counsel for the Conservancy. Mr. Harrison <br />and the Assistant Attorney General assigned to effectuate said <br />transfer shall act as co-counsel in the transfer proceedings. <br />The Conservancy's seller, Alma L. Scohy, has agreed to cooperate <br />fully in such change of water right case including the giving <br />of testimony if required, and the imposition of restrictive covenants <br />against subsequent irrigation of her land, if required, and the <br />benefit of such covenant is hereby assigned to the State. <br />3. Purchase of said water right shall further be contingent <br />upon the successful prosecution in the District Court in and <br />for Boulder County, Colorado of an action to quiet title in one <br />Alma L. Scohy, the Conservancy's Grantor. Said quiet title action <br />shall be promptly filed and diligently prosecuted by the firm <br />of Moses, Wittemyer, Harrison and Woodruff, P.c. as Special Counsel <br />for the Conservancy. In the event that said quiet title action <br />shall fail following all appeals, if any, the deposited funds <br />shall be returned to the State and the contract shall be of no <br />further force and effect. In the event only a proportional interes t <br />in the G. Berkley Ditch water ri~ht is quieted in Scohy, the <br />State may at its sole option elect to terminate the contract <br />and receive reimbursement of deposited funds, or to treat the <br />contract as binding and proceed to closing. In the event only <br />such proportional interest is quieted in Scohy, the State shall <br /> <br />- 3 - <br />