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<br />ing circumstances or conditions which the state determines would 167 <br />interfere with its intended use or enjoyment of the easement 168 <br />property. Wyoming Fuel shall attempt to rectify any such 169 <br />defects. If good and merchantable title in the name of Wyoming 170 <br />Fuel is not shown by said title commitment and Wyoming Fuel fails 171 <br />to rectify any defects necessary to convey good and merchantable 172 <br />title or Wyoming Fuel fails to rectify other defects (circum- 174 <br />stances or conditions) which prevent the State's intended use of 175 <br />the described premises then, at the State's option, the parties 176 <br />shall be released from further obligations hereunder. <br /> 9. Closing. If merchantable title be shown as herein 180 <br />provid ed or if the State is satisfied that the exceptions set 181 <br />forth in the title commitment do not interfere with its intended 182 <br />use of the described property or such defects are waived by the 183 <br />State, the date of closing shall take place on as before 184 <br />1988. The place of closing shall be at 186 <br />at a mutually agreed time by the par- 187 <br />ties hereto. Creation and transfer of the Conservation Easement 188 <br />in Gross shall be by General Warranty Deed in the form of Exhibit 189 <br />"B" attached hereto and made a part hereof by reference. <br />10. Possession. Grantor shall allow access for public 193 <br />fishing and fishery management of the described premises to the 194 <br />State from the time of closing. <br />Page 6 of 11 pages <br />