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5.2.3 Upon its full execution, this Agreement is binding upon Ecology in <br />accordance with its terms. <br />5.2.4 Ecology shall use its best efforts to fully and timely perform its <br />obligations and actions contemplated by this Agreement. <br />6. Termination and Default BCWR shall have the right at any time to withdraw <br />an Application, terminate this Agreement and remove from the Trust any portion of the Water <br />that has not been permanently assigned as mitigation for other water uses as set forth in this <br />Agreement. In the event BCWR terminates this Agreement, then Ecology shall, without delay, <br />reconvey the unallocated portion of the Water Right back to BCWR using a quit claim deed. <br />If either party defaults in its obligations under this Agreement; or if this Agreement, or a <br />material portion thereof, be declared illegal or unenforceable; or, if either party, through no <br />fault or action by such party, should be incapable or prevented from performing any material <br />obligations or actions, the non -defaulting party in the event of a default or either party in any <br />other event shall have the right to the following: <br />6.1 As the computation of damages may be difficult, continue this Agreement and <br />bring an action to specifically perform this Agreement. <br />6.2 Declare the Agreement null and void, whereupon the parties shall cooperate to <br />end the trust water right relationship in an orderly manner as follows: <br />6.2.1 BCWR shall identify all in -process designation agreements and inform <br />Ecology of their status. BCWR shall not make representations regarding in -process <br />designations and shall in each instance work with Ecology to determine whether an assignment <br />should be completed. If Ecology agrees, the permit process will be completed promptly in <br />accordance with applicable policies, rules, and law. <br />6.2.2 Ecology shall promptly convey to BCWR or its designee the portion of the <br />trust water right not yet designated and assigned as mitigation for individual ground water and <br />surface water permits. Ecology may use any unassigned portion of the Water Right set aside to <br />address uncertainty associated with the then existing mitigated permits. and provide instream <br />flow benefits. DK WITH BCWR <br />6.2.3 Each party shall be responsible for their own costs associated with <br />ending the trust water right relationship in an orderly manner. <br />6.3 Pursue any other remedy now or hereafter available. <br />6.4 In no event shall the termination of this Agreement alter or affect any Water <br />previously allocated for mitigation or permits granted relative to New Applications. <br />6.5 <br />7. This Agreement may be assigned by BCWR upon the giving of written notice to Ecology. <br />This Agreement is binding upon and inures to the benefit of the parties to the Agreement as <br />5 <br />