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1/22/2015 4:19:44 PM
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(1) if it is determined that the Conservation Program be discontinued as a <br />Conservation Measure by the Implementing Committee of the Edwards Aquifer Habitat <br />Conservation Plan Program under Section 7.12.4.f of the FMA, this Contract shall terminate <br />immediately, and the EAA shall, within sixty (60) days of the Implementing Committee action, <br />take any and all action necessary to administratively transfer and return the Trust Portion of the <br />Permit from the Groundwater Trust to full use, possession, and control of the Transferor; <br />(2) if the Conservation Program is modified and such modification results in a <br />material conflict with this Contract, and the Parties are unable in good faith to renegotiate a <br />modification to this Contract to be consistent with the modified Conservation Program within <br />sixty (60) days from the date the EAA gives notice to Transferor that the Conservation Program <br />has been modified, either Party may terminate this Contract by providing advance written notice <br />of termination to the other Party. In such event, the EAA shall, within sixty (60) days of receipt <br />of the written notice of termination, take any and all action necessary to administratively transfer <br />and return the Trust Portion of the Permit from the Groundwater Trust to full use, possession, <br />and control of the Transferor; or <br />(3) if modifications to the Program as provided for in Section 8(h) are unable <br />to be agreed on by the Parties, then either Party may terminate this Contract by providing <br />advance written notice of termination to the other Party. In such event, the EAA shall, within <br />sixty (60) days of receipt of the written notice of termination, take any and all action necessary to <br />administratively transfer and return the Trust Portion of the Permit from the Groundwater Trust <br />to full use, possession, and control of the Transferor. <br />(b) In the event the Service cancels the ITP, this Contract shall terminate immediately, <br />and the EAA shall, within sixty (60) days of the Service's action, take any and all action necessary <br />to administratively transfer and return the Trust Portion of the Permit from the Groundwater Trust <br />to full use, possession, and control of the Transferor. <br />(c) In the event the Service suspends the ITP for any reason, the Parties, in good <br />faith, shall undertake discussion to consider reasonable efforts to restore the ITP, including <br />measures for which modifications to this Contract may be necessary. In the event that the ITP <br />has not been reinstated by the Service within 180 days of the date of issuance of notice of <br />suspension, this Contract shall terminate immediately, and the EAA shall, within sixty (60) days <br />of the Service's action, take any and all action necessary to administratively transfer and return <br />the Trust Portion of the Permit from the Groundwater Trust to full use, possession, and control of <br />the Transferor. <br />(d) In the event that due to the operation of releases of the Trust Portion of the Permit <br />made under Section 9.0, Transferor no longer has any such rights remaining in trust pursuant to <br />this Contract, this Contract immediately terminates for all purposes. <br />results to confirm the efficacy of or to adjust the Conservation Measures, all as described in Article Seven of the FMA and <br />in Chapter 6 of the HCP. See FMA and in Chapter 6 of the HCP. See FMA § 1.1.1. <br />
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