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D. Within thirty (30) days after Centennial's receipt of the <br />title evidence and historic use evidence provided for in <br />paragraph 3.C. above, Centennial shall give Cooley <br />written notice as t-) whether title to the shares and <br />evidence of historic use the water are acceptable to <br />Centennial. The not.:--e shall specify any title defects, <br />and Cooley shall use reasonable efforts to correct any <br />title defects prior -':) date of closing.. <br />E. If Cooley is unable to provide historic use evidence <br />satisfactory to Cente .nial or to correct any title defect <br />in a manner acceptaf .e to Centennial on or before the <br />date of closing, thi. agreement shall be void and of no <br />effect, whereupon e =. 'h party hereto shall be released <br />from all obligations hereunder, and all things of value <br />received hereunder :..)y Cooley shall be returned to <br />Centennial; provided however, that Centennial may waive <br />any title defect or ay defect in historic use evidence <br />by written notice c :livered to Cooley on or before <br />closing. <br />F. Closing shall be held - .n February 10, 1997 <br />at 10:00 a.m. <br />at the offices different to and time for parties mutually <br />agree to a losing. <br />G, Centennial's agreement to: lease augmentation water' <br />described above in paragraph 3.8: shall not be effective <br />until Cooley's Nevada )itch shares have been transferred <br />to Centennial's name -)n the books of the Nevada Ditch <br />molding Company. C'3oley agrees to cooperate with <br />Centennial in arrangi g for the transfer of said stock <br />certificates to Centenial's name. <br />H. Time is of the esser.::e hereof. If. any obligation or <br />condition hereunder I not performed or satisfied as <br />herein provided, ther: shall be the following remedies: <br />(1) if Cooley is in default: <br />(a) Centennial ray elect to treat this agreement <br />as'terminat�!d, in which case any things of <br />value received hereunder by Cooley shall be <br />returned to Centennial; or <br />(b) Centennial may elect tot eat this agreement <br />as being in full force <br />Centennial shall have the right to an action <br />for specific performance. <br />91 <br />