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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 of the water ar <br />title acce ptable to <br />Centennial. The not.:--e shall specify Y <br />and Cooley shall use reasonable efforts to correct any <br />title defects prior �o date of closing.. <br />g. If Cooley is unable to provide historic use evidence <br />satisfactory to Cente .nial or to correct any title defect <br />in a manner acceptar.e to Centennial on or before the <br />date of closing, thi. agreement shall be void and of no <br />effect, whereupon eE..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 Zy defect in historic n us e <br />or videnc <br />by written notice c�: livered to Cooley o <br />closing. <br />F. Closing shall be held - .n February 10, 1997 <br />at 10:00 a.m. <br />at the offi differentt mutually <br />agree to a � to and time for closing, <br />G. Centennial's agreement to: lease augmentation water' <br />described above in par xgraph 3. B . shall not be of fective <br />until Cooley's Nevada )itch shares have been transferred <br />to Centennial's name -)n the books of the Nevada Ditch <br />Holding Company. C' -)oley agrees to cooperate with <br />Centennial in arrangi_g for the transfer of said stock <br />certificates to Centennial's name. or <br />H. Time is of the esser.�e of erformed n or o satisfied as <br />condition hereunder * s not p <br />herein provided, ther:! shall be the following remedies: <br />(1) if Cooley is in c'.efault : <br />(a) Centennial may elect to treat this agreement <br />as 'terminated, in which case any thin be <br />value received hereunder by cooley <br />returned to Centennial; or <br />(b) Centennial may elect to treat this agreement <br />as being in full force and effect and <br />Centennial shall have the right to an action <br />for specific performance. <br />3 <br />