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t r <br />t. f <br />• <br />of 2,000 of per year of in-basin water plus any amount of water <br />foreign to the Blue River, either through the Roberts or Vidler <br />Tunnel, by discharge to the East Fork of the Arkansas River, or <br />by other methods, and (2) up to an additional 3,090 of of in- <br />basin water, by discharge only to Tenmile Creek; subject to the <br />requirement that Climax retains sufficient water rights to <br />conduct its reclamation obligations. Climax shall have <br />eighteen months from the date of Closing to supplement its <br />application with conceptual engineering plans of any facilities <br />which may be constructed in connection with its project in <br />Summit County, together with detailed engineering plans of any <br />such facilities to be constructed on property not owned by <br />Climax. <br />(b) Upon the occurrence of the events described <br />in paragraph 3(c) of the Escrow Agreement, the Escrow Agent <br />shall be instructed to mark the Note npaidO and file the <br />Request for Release with the Public Trustee of Summit County. <br />(c) At Closing, Climax shall execute and deliver <br />to the Escrow Agent a Request for Release of the Deed of Trust, <br />and Climax shall take all other actions and execute and deliver <br />to the Escrow Agent all other documents reasonably necessary to • <br />release the Escrow Shares from the encumbrance of the Security <br />Documents. Notwithstanding anything to the contrary in <br />subparagraphs 3(b) and 3(c), if Climax makes a good faith, <br />reasonable determination that the conditions for application <br />for the Permit imposed by Summit County are unduly unusual and <br />onerous, if Climax rejects the Permit, or if Summit County <br />refuses to issue the Permit after Climax has taken all action <br />necessary to permit Summit County to act on its application <br />therefor, Climax shall have no obligation to release the shares <br />as provided above, and in such event the Company may obtain a <br />release of the Escrow Shares, or any portion thereof, upon <br />payment or partial payment of the amounts due under the Note. <br />(d) Summit County will act on the application <br />for the Permit in accordance with its regulations, will hold <br />such hearings as are necessary to determine whether to approve <br />or deny the application, and may impose any conditions of <br />approval which are appropriate. Summit County shall have no <br />obligation to issue the Permit or any other land use approvals <br />for the project described above. -Any water or water rights <br />required as a condition of such Permit and approval in addition <br />to that represented by the credit described in paragraph 2(d) <br />above shall be provided from a source reasonably acceptable to <br />Summit County. <br />4. Covenants of the Company. Subject to and <br />expressly conditioned upon the Closing under the terms hereof,