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shall be due within 30 days after Lessee's receipt of an invoice from Agent. If any sum is not <br />paid when due, Lessor may terminate this Agreement in its sole discretion. <br />4. Use of Shares. Affidavit. The Shares shall be used for irrigation use only, and <br />such irrigation use may only take place on the Property. Lessee shall use water delivered <br />pursuant to the Shares to the fullest extent available and shall not abandon the Shares or take any <br />actions that may be construed as abandonment thereof. Lessee may not make use of the Shares <br />on any lands other than the Property without prior written approval from Lessor, which approval <br />shall be in Lessor's sole discretion. Lessee's use of the Shares shall be in accordance with the <br />Bylaws, rules, regulations and policies of the Whitney Irrigation Ditch Company, and in <br />conformance with the terms and conditions of any and all court decrees for the water rights <br />represented by the Shares. <br />(a) If, following execution of this Agreement, Lessee no longer anticipates using the <br />Shares to irrigate all of the Property, Lessee shall immediately provide written notice to <br />Lessor stating the number of acres and the location of such acres within the Property that <br />Lessee does not anticipate irrigating with the Shares. In the event Lessee fails to take and <br />use the water available under the Shares or Lessee fails to use the water fully for farming <br />and irrigation of the Property, Lessor shall have the option to terminate this Agreement <br />upon thirty (30) days written notice to Lessee and Lessor shall have the right to lease the <br />Shares to other parties. <br />(b) On or before December 10, 2013, Lessee shall provide Lessor with an affidavit and <br />questionnaire, in the form attached hereto as Exhibit B, detailing the uses to which the <br />Shares were put during the preceding irrigation season, crops grown, the location of such <br />crops, the amount of acreage of each crop irrigated, and other such information that <br />Lessor may reasonably require relating to Lessee's use of the Shares. <br />(c) This Agreement shall not be recorded in the public records and the Parties agree that <br />no Iedger or other restriction shall be placed on the Certificate for the Shares. <br />5. Continuing Cooperation. Lessee acknowledges that Lessor and its successors and <br />assigns, is acquiring the Shares for non - agricultural purposes and that Lessor and/or its assignee <br />may submit an application to the Water Court for Water Division No. 1, State of Colorado, or to <br />any other court of competent jurisdiction, to change the use of the Shares during the term of this <br />Agreement. In connection with Lessor's review and analyses of the historical use of the Shares, <br />Lessee agrees to cooperate with Lessor and its assigns, its agents and representatives, in <br />obtaining information and executing any documents or instruments deemed necessary by Lessor, <br />its successors or assigns, and/or the Water Court or other authority having jurisdiction over the <br />same for the Water Court change of use case and will cooperate with reasonable requests of <br />Lessor related to any such Water Court proceeding, whether during the term of this Agreement <br />or after its termination and shall not oppose any application filed by Lessor with respect to the <br />Shares. This cooperation shall include, but is not limited to, Lessee providing Lessor with <br />reasonable access to the Property for purposes associated with such Water Court proceeding and <br />Lessee authorizing the release of information from any entity or agency that may have <br />2 <br />