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28. Term of Agreement. This Agreement shall continue in force for a period of 40 <br />years commencing the date this Agreement is signed by both Evans and the Board. <br />29. Tenninatio~„r. This Agreement may be terminated at the following times anti <br />subject to the following conditions' <br />A. By Evans giving b0-days written notice to the Board that Evans intends to <br />term;nate the Agreemrnt at the end~of the contract year, and by paying to the Board an amount <br />equal to 25% of the total payment that would be due if the Agreement were to run for one <br />additional yeaz, calculated upon the basis of the rates in effect at the time Notice of Intention to <br />Terminate is given.. <br />B. By Evans giving written notice to the Board within 60 days of a final <br />determination by the DMG that thewater to be delivered under this agreement is not a suitable <br />Augmentation source. In the event of termination under this subparagraph, Evans shall not owe <br />any additional payment to the Board for this Agreement. <br />C. By the substitution of AGUA or another source acceptable to the DMG as <br />the long-term Augmentation source in accordance with paragraph 16 above. In the event of <br />terminarion under this subparagraph, Evans shall not owe any additional payment to the Board <br />for this Agreement. <br />D. By Evans completing the Slurry Walls and obtaining (1) written assurance <br />from the engineer/contractor that the 51urry Walls were constructed in accordance with the <br />design plan approved by the state engineer, (2) the state engineer's certification that the lined pit <br />meets the state engineer's perforalana standards, and (3) DMG's writtrn concurrence that the <br />Slurry Walls are adequate to relieve Evans and/or the Board of any and all permanent <br />augmentation obligations for the Mined Land. In the event of termination under this <br />subparagraph, Evans shall not owe any additional payment to the Board for this Agreement. <br />E. With the exception that Evans may terminate this Agreement pursuant to <br />subparagraphs A, B, C, and D above, this Ageement can be terminated only upon rho mutual <br />written agreement of both parties. <br />30. Tiile to Water Rights. Nothing herein shall be interpreted to give Evans any legal <br />or equitable title in or to nay of the Board's water or water rights. <br />31. Right of First Refus,_~,. As partial consideration for this lease Evans grants the <br />Board a Right of First Refusal to purchase the 448 acres of land described in Exhibit a <br />("Right of First Refusal") on the following terms: <br />A. If Evans receives an offer for the sale or exchange ("Sale") of the 448E acres <br />described in Exhibit A, or any part thereof, including an offer to purchase the <br />4481 acres a part of a .purchase of other property from Evans, and Evans <br />9001~J S~NIBdS 'ITtlMd[dOZS 86598968TL %tl3 St~CT DOOZ/80/OT <br />