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1/22/2015 4:19:44 PM
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directly or indirectly, the Trust Portion of the Permit without the prior written approval of the <br />Board. Further, the Trust Portion of the Permit shall not be subject to any debt contracted by <br />Transferor, either prior to or after the transfer, or any judicial process for the satisfaction of any <br />claim against Transferor. <br />(d) Transferor shall not be assessed any aquifer management fees for the Trust Portion <br />of the Permit while it remains in the Groundwater Trust, or in arrears after release of the Trust <br />Portion of the Permit for the period of time said Trust Portion of the Permit was held in the Trust. <br />However, Transferor shall remain liable for any aquifer management fees already assessed against <br />the Trust Portion of the Permit prior to the Effective Date of this Contract, as may be adjusted <br />by any rebate program in effect on the Effective Date of this Contract. <br />(e) The Trust Portion of the Permit identified in Paragraph 4.0(a), as adjusted pursuant <br />to Paragraph 9.0, shall not be considered to be part of Transferor's authorized groundwater <br />withdrawal amounts for purposes of Section 715.218 of the EAA's critical period management <br />rules, and Transferor shall not otherwise be required to interrupt its withdrawals from the Aquifer <br />based on rights held in trust by the EAA pursuant to this Contract. <br />(f) Transferor shall be entitled to have the Trust Portion of the Permit released from <br />this Contract as provided in Section 9.0. <br />8.0 Rights and Obligations of the EAA <br />Upon transfer of the Trust Portion of the Permit into the Groundwater Trust, the EAA <br />shall have the following rights, restrictions, duties, and obligations: <br />(a) The EAA must hold the Trust Portion of the Permit in the Groundwater Trust, and <br />may not sell, lease, or transfer the Trust Portion of the Permit to a third -party for any purposes, <br />nor otherwise withdraw or authorize the withdrawal of any groundwater pursuant to the Trust <br />Portion of the Permit during the Term of this Contract. <br />(b) The EAA may not retire the Trust Portion of the Permit, nor take any other action <br />that would result in the permanent reduction in the groundwater withdrawal amount of the <br />Permit. <br />(c) The Trust Portion of the Permit shall not be subject to any debt contracted by the <br />EAA; either prior to or after the transfer, or any judicial process for the satisfaction of any claim <br />against the EAA. <br />(d) The EAA shall not assess any aquifer management fees for the Trust Portion of <br />the Permit while it remains in the Groundwater Trust. <br />(e) The EAA shall exclude the Trust Portion of the Permit identified in Paragraph <br />4.0(a), as adjusted pursuant to Paragraph 9.0, when calculating Transferor's authorized groundwater <br />withdrawal amounts for purposes of Section 715.218 of the EAA's critical period management rules. <br />
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