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Item 10 <br />Attachment # 2 <br />Page 7 of 1 1 <br />groundwater withdrawal amounts for purposes of Section 715.218 of the ERA's critical period <br />management rules, and Transferor shall not otherwise be required to interrupt its withdrawals <br />from the Aquifer based on rights held in trust by the EAA pursuant to this Contract. <br />(g) 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 EAA is not responsible for taking any action, or paying any expense, required <br />to maintain, defend, preserve, or protect the Trust Portion of the Permit. <br />(d) 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 />(e) 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 />(f) 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 <br />groundwater withdrawal amounts for purposes of Section 715.218 of the EAA's critical period <br />management rules. <br />(g) As the amount of the Trust Portion of the Permit is released from the <br />Groundwater Trust pursuant to Section 9.0, and upon the full and final termination of this <br />Contract as set forth in Section 2.2(c), the released portions of the Trust Portion of the Permit <br />shall be returned to Transferor by the EAA free from the provisions of this Contract and the <br />Groundwater Trust. <br />9.0 Release of Rights Held in Trust <br />7of11 <br />11212.03001/ MHED/ MISC -2/ 1 1 54963v. 9 Item 10 <br />