Common use of Water Rights Adjudication Clause in Contracts

Water Rights Adjudication. The Parties acknowledge and agree that a change of Water Rights and/or other water rights adjudications may be necessary to allow Xxxxxxx’x use of the Water Rights for their intended purpose. Unless this Agreement is terminated pursuant to the provisions herein, Platte River agrees that it shall not oppose, but shall reasonably cooperate with Greeley, in any actions Greeley files in water court or administrative or other proceedings for approval of the use of the Water Rights as part of an application for new water rights (including direct flow or storage rights), changes of water rights, exchanges or plans for augmentation or substitution or in connection with the Water Rights. Platte River shall not be required to file briefs in support of Xxxxxxx’x application or take any affirmative action other than to appear and testify honestly about the Water Rights and provide any documentation of use or other relevant historical use information. The terms and provisions set forth in this Section 9.3. and the covenants and obligations arising therefrom shall survive the Closing and shall not be deemed merged into the closing documents.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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Water Rights Adjudication. The Parties acknowledge and agree that a change of the Water Rights and/or other water rights adjudications may be necessary to allow Xxxxxxx’x use of the Water Rights Property for their its intended purpose. Unless this Agreement is terminated pursuant to the provisions herein, Platte River Seller agrees that it shall not oppose, but shall reasonably cooperate with Greeley, in any actions Greeley files in water court Water Court or administrative or other proceedings for approval of the use of the Water Rights as part of an application for new water rights (including direct flow or storage rights), changes of water rights, exchanges or plans for augmentation or substitution or in connection with the Water Rights. Platte River Seller shall not be required to file briefs in support of Xxxxxxx’x application or take any affirmative action other than to appear and testify honestly about the Water Rights and provide any documentation of use or other relevant historical use information. The terms and provisions set forth in this Section 9.3. 8.3 and the covenants and obligations arising therefrom shall survive the Closing and shall not be deemed merged into the closing documents.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Water Rights Adjudication. The Parties acknowledge and agree that a change of Water Rights and/or other water rights adjudications may be necessary to allow Xxxxxxx’x Greeley’s use of the Water Rights Property for their its intended purpose. Unless this Agreement is terminated pursuant to the provisions herein, Platte River Seller agrees that it shall not oppose, but shall reasonably cooperate with Greeley, in any actions Greeley files in water court Water Court or administrative or other proceedings for approval of the use of the Water Rights as part of an application for new water rights (including direct flow or storage rights), changes of water rights, exchanges or plans for augmentation or substitution or in connection with the Water Rights. Platte River Seller shall not be required to file briefs in support of Xxxxxxx’x Greeley’s application or take any affirmative action other than to appear and testify honestly about the Water Rights and provide any documentation of use or other relevant historical use information. The terms and provisions set forth in this Section 9.38.2. and the covenants and obligations arising therefrom shall survive the Closing and shall not be deemed merged into the closing documents.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Water Rights Adjudication. The Parties acknowledge and agree that a change of Water Rights and/or other water rights adjudications may be necessary to allow Xxxxxxx’x use of the Water Rights Property for their its intended purpose. Unless this Agreement is terminated pursuant to the provisions herein, Platte River Seller agrees that it shall not oppose, but shall reasonably cooperate with Greeley, in any actions Greeley files in water court Water Court or administrative or other proceedings for approval of the use of the Water Rights as part of an application for new water rights (including direct flow or storage rights), changes of water rights, exchanges or plans for augmentation or substitution or in connection with the Water Rights. Platte River Seller shall not be required to file briefs in support of Xxxxxxx’x application or take any affirmative action other than to appear and testify honestly about the Water Rights and provide any documentation of use or other relevant historical use information. The terms and provisions set forth in this Section 9.38.2. and the covenants and obligations arising therefrom shall survive the Closing and shall not be deemed merged into the closing documents.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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Water Rights Adjudication. The Parties acknowledge and agree that a change of the Water Rights and/or other water rights adjudications may be necessary to allow Xxxxxxx’x Greeley’s use of the Water Rights Property for their its intended purpose. Unless this Agreement is terminated pursuant to the provisions herein, Platte River Seller agrees that it shall not oppose, but shall reasonably cooperate with Greeley, in any actions Greeley files in water court Water Court or administrative or other proceedings for approval of the use of the Water Rights as part of an application for new water rights (including direct flow or storage rights), changes of water rights, exchanges or plans for augmentation or substitution or in connection with the Water Rights. Platte River Seller shall not be required to file briefs in support of Xxxxxxx’x Greeley’s application or take any affirmative action other than to appear and testify honestly about the Water Rights and provide any documentation of use or other relevant historical use information. The terms and provisions set forth in this Section 9.3. 8.3 and the covenants and obligations arising therefrom shall survive the Closing and shall not be deemed merged into the closing documents.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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