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4.2 Shall, in addition to the protections against relinquishment in RCW 90.03.380, <br />90.03.615 and 90.14.140, at all times during the Term manage, maintain, preserve and protect <br />for the benefit of BCWR and its successors, designees and assigns all aspects and attributes of <br />the Water Right including, but not limited to, the priority date, the total diversionary right, <br />instantaneous quantity, and annual consumptive quantity from impairment, challenges, claims <br />and relinquishment <br />4.3 Shall process all New Applications where portions of the Water Right are <br />proposed to be assigned mitigation and shall take all steps necessary to comply with any <br />restrictions imposed by other agreements to which Ecology may be subject, including, but not <br />limited to memorandums of agreement and groundwater moratoriums or subsequently <br />enacted water right processing rules; and <br />4.4 Shall not assess or charge BCWR any costs or fees for maintaining the Water in <br />the Trust; provided that Ecology may charge third parties its regular costs and fees for water <br />right applications, transfers and investigations or costs attributable to assignment of a portion <br />of the Water to Ecology's USBR contract for storage and exchange contract. <br />5. Representations and Warranties. In keeping with the purpose of this Agreement and <br />as a material part of the consideration for this Agreement upon which its execution is <br />dependent: <br />5.1 BCWR makes the following undertakings, representations and warranties to <br />Ecology: <br />5.1.1 BCWR is a Washington limited liability company duly formed and <br />authorized and fully able to enter into and perform all its obligations in this Agreement <br />according to its terms. <br />5.1.2 Each individual executing this Agreement on behalf of BCWR is duly <br />authorized to execute and deliver this Agreement. <br />5.1.3 Upon its full execution, this Agreement is binding upon BCWR in <br />accordance with its terms. <br />5.1.4 BCWR shall use its best efforts to fully and timely perform its obligations <br />and actions contemplated by this Agreement. <br />5.2 Ecology makes the following undertakings, representations and warranties to <br />TR: <br />5.2.1 Ecology is a division of the State of Washington duly formed and <br />authorized and fully able to enter into and perform all its obligations in this Agreement <br />according to its terms. <br />5.2.2 Each individual executing this Agreement on behalf of Ecology is duly <br />authorized to execute and deliver this Agreement. <br />Eu <br />