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503635 8-607 P-553 04128193 13:4cM000O?sz 12 OF 99 <br />that any court determination adverse to Climax's remaining <br />interests shall not void or otherwise affect the terms of this <br />Agreement. <br />(b) VA shall have the right to participate as a <br />party in any augmentation, exchange or change proceeding <br />involving Climax's remaining interest in the Arkansas Well <br />Water for the limited purpose of insuring that such proceeding <br />does not involve or otherwise adversely affect the AW Priority <br />Water, and VA shall have the right to appeal, with or without <br />Climax's participation, any such determination regarding such <br />limited issues. <br />(c) Climax and its affiliates, parents and <br />subsidiaries shall not oppose and shall give supporting <br />testimony to VA (consistent with the W. W. Wheeler & <br />Associates, Inc. engineering report titled Stevens and Leiter <br />Water Right, June 1990) in connection with (i) the use, <br />directly or by exchange, substitution, replacement or <br />augmentation, of the AW Water Rights by VA or its successors or <br />assigns, and (ii) any water court application related to such <br />use. <br />(d) Each of the parties shall give the other party <br />direct notice of any water court filings that involve such <br />parties' interest in the Arkansas Well Water. <br />A 1.4 Substitute Water and Storage. Provided that Climax <br />obtains the prior written consent of VA, Climax may from time <br />to time substitute water, deliverable as provided herein, for <br />the AW Priority Water and/or substitute storage capacity in <br />Eagle Park Reservoir for the Chalk Mountain Storage or <br />Buffehr's Storage. VA's consent shall not be unreasonably <br />withheld provided that any such substitution does not <br />detrimentally affect the AW Water Rights. For the purposes of <br />this Section 1.4, such substitution shall not "detrimentally <br />.,,? affect" the AW Water Rights provided that all of the following <br />conditions are met: <br />(a) Any substitute water is deliverable at the same <br />i; times and in the same manner as the AW Priority Water under <br />Yj Article 2; <br />(b) Any substitute. water is of a quality sufficient <br />for VA's uses at its place or places of use and meets all <br />applicable NPDES discharge limitations; <br />(c) Any substitute water is of an amount equal to <br />the AW Priority Water on an acre-foot per acre-foot basis and <br />is fully consumable and can be used to extinction; <br />• <br />4 •?f <br />' F• <br />tYY. <br />• <br />J <br />FUD-b09 -4- •