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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 hold by the Seller in the Company. <br />The rights described in paragraphs 1.9. and 1.b., above, shall be referred to <br />herein as the "Water Rights." <br />2. Conelderation. As conslderatlon for the Colorado Ag Shares, Thomton 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. Delivery P4rlod and Rate. Thornton shall deliver fully consumable water at a <br />rate of 0,035 o.f s./day November t through March 31. <br />b. Location. Thornton agrees to deliver the fully consumable water to the South <br />Platte River In the reach from the outfall of the Metropolitan Wastewater <br />Reclarhation District Central plant to the confluence of Big Dry Creek and the <br />South Platte River, but In any case above the calling right within that reach. <br />3. Water Quality,. Thornton does not warrant or guarantee that the fully consumable <br />water it provides satlefies any water quality standards. <br />4. Due Diltaence. 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 />a. Thomton's Rlaht to Reouest Cure. In the event Thornton decides to request <br />Seller to cure any defect, Thornton shall so notify Seiler in writing, Including <br />a detailed description of the detect, the steps Thornton deems necessary to <br />cure said defect, and the length of time Thornton is providing Seller to cure <br />the defect. In the event Thornton requests cure of any defect, Seller may <br />elect to attempt to cure sold 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 />mall, 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 Sellar as set forth in paragraph 4.b, belm+v or <br />may purchase the Colorado Ag shares with such defect. <br />b. omton% Rkrht to Terminate Agreement. In the event Thornton decides <br />not to purchase the Colorado Ag Shares due to any defect, or decides that <br />Seiler has not adequately cured any defect, Thornton shall so notify Seiler In <br />writing by oertltted mall, return receipt requested, or by hand delivery. Upon <br />ma0ing or hand delivery of such notification, this Agreement shall be <br />terminated and shall be null and void. <br />Page 2