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Item 10 <br />Attachment # 2 <br />Page 5 of 11 <br />(1) if it is determined that the Conservation Program be discontinued <br />as a Conservation Measure by the Implementing Committee of the Edwards Aquifer Habitat <br />Conservation Plan Program under Section 7.12.4.f of the FMA, EAA may terminate this <br />Contract, in its sole discretion, by providing advance written notice of termination to Transferor <br />by July 1st of any year during the term of this Contract, in which case this Contract terminates on <br />December 31st of the same year in which the notice is timely given; or <br />(2) if the Conservation Program is modified and such modification <br />results in a material conflict with this Contract, and the Parties are unable in good faith to <br />renegotiate a modification to this Contract to be consistent with the modified Conservation <br />Program within 60 days from the date the EAA gives notice to Transferor that the Conservation <br />Program has been modified, either Party may terminate this Contract by providing advance <br />written notice of termination to the other Party by July 1st of any year during the term of this <br />Contract, in which case this Contract terminates on December 31" of the same year in which <br />timely notice is given. <br />(b) In the event the Service denies the application for an ITP, the EAA may <br />terminate this Contract, in its sole discretion, by providing advance written notice of termination <br />to Transferor by July 1St of any year during the term of this Contract, in which case this Contract <br />terminates on December 31St of the same year in which the notice is timely given. <br />(c) In the event that due to the operation of releases of the Trust Portion of the <br />Permit made under Section 9.0, Transferor no longer has any such rights remaining in trust <br />pursuant to this Contract, this Contract immediately terminates for all purposes. <br />3.0 Representations of Transferor <br />Transferor represents and warrants that it has the legal authority to transfer the Trust <br />Portion of the Permit and enter into this Contract. Transferor also represents and warrants that it <br />has good and clear legal title to the Trust Portion of the Permit, free and clear of liens or other <br />encumbrances, and no challenges have been made or threatened by third parties to Transferor's <br />claimed ownership of or rights in the Trust Portion of the Permit. <br />4.0 Permit Transfer; and Term <br />(a) Transferor agrees to, and does hereby transfer 300 AF /yr of the Transferor's <br />Permit to the Groundwater Trust, and the EAA agrees to, and does hereby accept the transfer of <br />that portion of the Permit, in trust, under the terms and conditions of this Contract. Any <br />untransferred portion of the Permit is not affected in any manner by the terms or conditions of <br />this Contract. <br />manage the Habitat Conservation Plan for the Edwards Aquifer Recovery Implementation Program (eff. Jan. 1, <br />2012). "Adaptive Management Process" or "AMP" means the iterative process designed to develop information <br />through monitoring and research, and the review and use of the results to confirm the efficacy of or to adjust the <br />Conservation Measures, all as described in Article Seven of the FMA and in Chapter 6 of the HCP. See FMA <br />§ 1.1.1. <br />5of11 <br />1 1212. 03001/ MHED/ MISC -2/ 1154963v. 9 Item 10 <br />