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<br />- <br /> <br />.. <br /> <br />4. On or promptly after the Closing Date, Seller shall file the <br />proper returns and pay to the proper governmental authorities <br />all sales, use or similar taxes, if any, due upon the transfer <br />of any personal property to Buyer. <br /> <br />5. The amount of real property taxes and assessments for the year <br />of closing, payable in the following year, shall be paid by <br />the party owning the rights to the crops grown in 1996 under <br />the terms of this agreement. <br /> <br />6. Buyer and Seller shall each pay their respective closing <br />costs. <br /> <br />7. Covenants of Seller. <br /> <br />a. Seller covenants and agrees that Seller shall support and <br />cooperate fully with Buyer in any future proceeding <br />involving The Water Rights brought by Buyer before any <br />applicable administrative, water court or other judicial <br />proceeding. Such support and cooperation shall include, <br />but not be limited to, producing documents and giving <br />testimony in court regarding the historic use of the <br />Water Rights. Seller further agrees not to oppose any <br />such proceeding. <br /> <br />b. Prior to the Closing Date, Seller: <br /> <br />i. <br /> <br />Shall not dispose of any interest in The Land <br />or The Water Rights, or mortgage, pledge or <br />subject to any lien or encumbrance any <br />interest in The Land or The Water Rights. <br /> <br />ii. <br /> <br />Shall not abandon the Water Rights. <br /> <br />iii. <br /> <br />Shall not apply for, seek or implement any <br />change in the historic use of The Water <br />Rights, in either Water Court or <br />administratively before the State Engineer. <br /> <br />iv. <br /> <br />Shall conduct all operations of The Land in <br />the ordinary course, in the same manner that <br />operations have been conducted to date. <br />