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Lessee elects to act with respect to the Property, Lessee shall give Lessor <br />written notice of such election; provided, however, in no event shall Lessee <br />be required to give notice to Lessor of its actions with respect to the <br />Groundwater Rights leased hereunder. If Lessee elects to act with regard to <br />the Property or Groundwater Rights, Lessor shall cooperate with Lessee's <br />efforts in connection therewith. Lessor shall not take any action or omit to <br />take any actions which will adversely affect the Property or Groundwater <br />Rights. If required by law, Lessee may take any such action in the name of <br />Lessor. Unless otherwise required by law, Lessee shall not be required to <br />take any such action with respect to the Property or Groundwater Rights on <br />behalf of Lessor. Lessee shall in no event be deemed to be the agent of <br />Lessor or as having any duty or responsibility to Lessor or to act on behalf <br />of Lessor. To the extent Lessee elects to act in connection with the Property, <br />Lessor appoints Lessee as Lessor's attorney -in -fact to take such action. <br />7. Processing Lessor shall be responsible for filing with Lessee an original of this Lease <br />of Lease. executed by Lessor and a proposed memorandum of lease along with the <br />Transfer Application. Lessor shall not be required to pay any application <br />fees of Lessee to file the Transfer Application. Lessee shall process the <br />Transfer Application in accordance with Lessee's rules. During Lessee's <br />review and processing of the Transfer Application, Lessor shall furnish to <br />Lessee copies of all documents related to the Property or Groundwater <br />Rights as Lessee, in its discretion, may require to process the Transfer <br />Application, including pending litigation or other matters which adversely <br />affect the Property or Groundwater Rights. If the Transfer application is <br />approved as filed, Lessee shall execute this Lease and return a fully <br />executed copy to Lessor. If during the review of the Transfer Application, <br />the Transfer Application cannot be approved as filed, Lessee will in writing <br />give notice to Lessor in accordance with Lessee's rules. This Lease shall <br />not be effective until the Lessee has executed this Lease after it has <br />approved the Transfer Application. <br />8. Continued From the date of execution of this Lease by Lessor and continuing <br />Operation. thereafter during the Term of this Lease, Lessor shall not take any actions <br />(or omit to take any actions) which will harm or diminish the Property or <br />Groundwater Rights. During the Term of this Lease, Lessor shall have a <br />continuing duty to furnish to Lessee notice of all matters or actions related <br />to or affecting the Groundwater Rights, including, without limitation, actual <br />or threatened litigation or administrative actions, within five (5) business <br />days of the date Lessor becomes aware of such matters or actions. Lessor <br />agrees to furnish to Lessee information concerning and copies of all <br />documents pertaining to such matters or actions within five (5) business <br />days of the date that Lessee requests such information or documents. Lessor <br />additionally agrees and acknowledges that it has leased the Groundwater <br />Rights to Lessee and that Lessor shall not transfer the Property or <br />Groundwater Rights, nor shall Lessor make any withdrawals of any <br />Page 4 of 8 <br />