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<br />,. <br /> <br />. <br /> <br />. <br /> <br />of any judicial proceedings to approve the HCWUA Plan as a plan for augmentation, <br />including providing testimony or documentary information regarding the use of the <br />HCWUA Box Springs Water Right. <br /> <br />B. Box Springs and the Contracting Shareholders agree to cooperate with <br />HCWUA in seeking approval of funding for this Agreement and the Settlement Agreement, <br />including but not limited to approval by the Colorado General Assembly and Governor of <br />a loan from the CWCB to HCWUA of no less than $825,000, payable at an initial annual <br />interest rate of no greater than 2% and an effective annual interest rate of no greater than 3 % <br />over the life of the loan, payable over a term of no less than 40 years, and a ~ <br />amount of at least $3 0 m a government agency chosen by the parties. 1 <br /> <br />C. Cooperation by Box Springs and the Contracting Shareholders shall include <br />testimony by Box Springs representatives and the preparation of a feasibility study, at Box <br />Springs' expense, to support the application for funds. Otherwise, in providing cooperation, <br />Box Springs and the Contracting Sharehol4ers shall not be obligated to provide financial <br />assistance or to expend money for legal or engineering services, unless they so choose. <br /> <br />11. Cooperation bv HCWUA. The Contracting Shareholders may intend to use the cash <br />consideration received under this Agreement, in wh()le or in part, in a tax-deferred exchange of like- <br />kind properties pursuant to S 103l(a). HCWUA agrees that Box Springs and the Contracting <br />Shareholders may, at their option, assign their respective rights under this Agreement to a qualified <br />intermediary which they may designate to facilitate the like-kind exchange. HCWUA agrees to <br />reasonably cooperate to the extent necessary to accommodate the exchange of like-kind properties; <br />provided, however, that such cooperation does not require HCWUA to take title to any property or <br />to incur any out-of-pocket expenses, and further provided that HCWUA does not warrant or <br />represent that any such exchange may be accomplished or receive favorable tax treatment. <br /> <br />-9- <br />