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<br />. <br /> <br />. <br /> <br />Springs Water Right, then as a condition to the disbursement of funds, the Contracting Shareholders <br /> <br /> <br />whose rights are encumbered shall obtain a release of such lien or encumbrance to the satisfaction <br /> <br /> <br />of HCWUA before funds are released to such Contracting Shareholder. <br /> <br />C. Title to the HCWUA Box Springs Water Right shall be acceptable to HCWUA, i.e. <br />HCWUA shall be reasonably of the view that the Contracting Shareholders have or prior to the <br />release of escrowed funds will have good and marketable title. If title to the Water Right as shown <br />by the documents described in paragraph 4A hereof is not acceptable to HCWUA, subject to the <br />releases contemplated by paragraph4B, HCWUA shall give notice thereof to Box Springs within <br />60 days prior to closing. Box Springs then shall have 30 days to cure the noticed title defects to <br />HCWUA's satisfaction, and the closing date shall be extended by 30 days. If RCWUA is not <br />satisfied, it may teI1i1inate this Agreement, in whi~h event all parties shall be released from all <br />further obligations and liabilities under this Agreem~nt. Failure by HCWUA to give notice oftitle <br />defects and/or proceeding to closing shall not cOhstitute a waiver of warranties of title by the <br />Contracting Shareholders. <br /> <br />I <br /> <br />5. Release and Waiver by Box Springs. <br /> <br />A. In partial exchange for the consideration provided by HCWUA under this Agreement, <br /> <br /> <br />the Contracting Shareholders and Box Springs, for themselves and for their shareholders, directors, <br /> <br /> <br />officers, successors and assigns, heirs, personal representatives, executors and agents, hereby release <br /> <br /> <br />HCWUA, HCWUA's shareholders, directors, officers, members (whether past, current or future <br /> <br /> <br />members), successors and assigns, heirs, personal representatives, executors and agents, from any <br /> <br />and all claims, demands, obligations, liabilities, actions, causes of action, or damages of whatever <br /> <br /> <br />kind or nature, whether based on water law, statutory law, common law, equity or any other basis, <br /> <br /> <br />which Box Springs or the Contracting Shareholders now have, or may claim at any time in the future <br /> <br /> <br />to have, based in whole or in part upon any act or omission at any time up to the date hereof, without <br /> <br /> <br />regard to present actual knowledge of such acts or omissions. <br /> <br />-5- <br />