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limited by the foregoing, any and all other right, title or interest represented <br />by the Colorado Ag Shares or otherwise held by the Seller in the Company. <br />The rights described in paragraphs 1.a. and 1.b., above, shall be referred to <br />herein as the Water Rights." <br />2. Consideration As consideration for the Colorado Ag Shares, Thornton agrees to <br />permanently lease and provide for Seller's use the following amount of fully <br />consumable water delivered by Thornton to the South Platte River from any water <br />rights owned by Thornton that are decreed for irrigation and other municipal uses <br />to be used by Seller or Its assignees for any purpose consistent with the decrees. <br />The rate, period and location of water delivery are set forth below. <br />a. DeI Period and Rate Thornton shall deliver folly -, consumable water at a <br />rate of 0.035 c.f s. /day November 1 through March 0.1: <br />b. Location Thornton agrees to deliver the fully oonsu ,ale water to the South <br />Platte River in the reach from the outfall of the Metr p9 Iten Wastewater <br />Reclamation District Central Plant to the confluence of Big Dry Creek and the <br />South Platte River, but in any case above the callinf# fight within that reach. <br />c�- S <br />3. Water Quality Thornton does not warrant or guaranteo the fully consumable <br />water it provides satisfies any water quality standards. aw <br />4. Due Dillaence Thornton shall have the right, with the assistance of attorneys, <br />engineers and such other consultants as Thornton may deem useful, to make <br />such investigations of the Water Rights as Thornton may desire, including, but not <br />limited to. investigations of Seller's title to and use of the Water Rights. Based <br />upon, such investigations, Thornton may, in Thornton's sole discretion, prior to the <br />Closing Date, request Seller to cure any curable defect, or determine not to <br />purchase the Shares. <br />V <br />a. Thornton's Rla_ht to Request Cure in the event ;Toomton decides to request <br />Seller to cure any defect, Thornton shall so notify - Seller in writing, including <br />a detailed description of the dated, the steps Tho dbn deems necessary to <br />cure said defect, and the length of time Thornton4p- providing Seller to cure <br />the defect. In the event Thornton requests cure�'any defect, Seller may <br />elect to attempt to cure said defect within the time provided, or may elect not <br />to attempt to cure said defect by so notifying Thornton in writing by certified <br />mail, return receipt requested, or by hand delivery. Upon receipt or hand <br />delivery of such notification, Thornton may, in Thomton's.sole discretion, up <br />to and including the Closing Date, determine not to purchase the Colorado <br />Ag Shares by notification to Seller as set forth in paragraph 4.b. below or <br />may purchase the Colorado Ag shares with such defect. <br />b. Thornton's Riaht to Terminate Agreement In the event Thornton decides <br />not to purchase the Colorado Ag Shares due to any defect, or decides that <br />Seller has not adequately cured any defect, Thornton shall so notify Seller In <br />writing by cwdfled mail, return receipt requested, or by hand delivery. Upon <br />mailing or hand delivery of such notification, this Agreement shall be <br />terminated and shall be null and void. <br />Page 2 <br />