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• <br />(c) In the event that MAI needs more than 20 acre <br />feet of water to augment evaporation losses off of Reservoir Sita <br />No. 1, Golden shall make up to an additional 20 acre feet of <br />water available to MAI for the same term set forth in <br />,,paragraph 6(a) and from the same source set forth in <br />'paragraph 6(b). The rental rate for such additional leased water <br />shall be at market rates agreed to between the parties. <br />(d) MAT may not assign or sublet its rights under <br />the Water Lease without the prior written consent of Golden, <br />which may not be unreasonably withheld. An assignment of MAI's <br />rights under the MAI Lease shall not constitute an assignment of <br />MAI's rights under the Water Lease. <br />7. Golden Lease. Nothing contained herein shall in any <br />manner modify Golden's rights under the terms of the Golden <br />Lease, including without limitation its right to elect not to <br />develop reservoirs on the Property and its right to terminate the <br />Golden Lease. <br />8. Default: Remedies. (a) In the event of a breach by <br />MAI of its obligations or covenants under Section 2(e) above, or <br />a failure of MAI to cease operations and remove its equipment <br />from portions of the Property by the dates set forth herein, <br />Golden shall be entitled to (i) seek specific performance of <br />MAI's obligations hereunder or damages or both, or <br />(ii) immediately terminate this Agreement, upon which any <br />obligation of Golden to subordinate its rights in the Property to <br />MAI's rights under the MAI Lease or to lease to MAI water under <br />Section 6 shall terminate. Golden shall not be obligated to <br />provide to MAI notice of a breach hereunder, and MAI hereby <br />waives any right to notice or an opportunity to cure any breach <br />hereunder. <br />(b) In the event of a breach by MAI of any of its <br />other obligations or covenants, other then those contained in <br />Section 2(e) above or obligations or covenants of MAT to cease <br />operations and remove equipment from portions of the property by <br />the date set forth herein, Golden shall give MAI written notice <br />of any such breach, and in the event that MAI fails to cure such <br />breach to Golden's reasonable satisfaction within 30 days after <br />the receipt of such notice, Golden shall be entitled to (i) seek <br />specific performance of MAI's obligations hereunder or damages or <br />both, or (ii) immediately terminate this Agreement, upon which <br />any obligation of Golden to subordinate its rights in the <br />Property to MAI's rights under the MAI Lease or to lease to MAI <br />water under Section 6 shall terminate. Golden shall have no <br />obligation to provide MAI with further notice of breach or <br />termination hereunder prior to exercising its termination rights, <br />-6- <br />