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($4,632.45) per acre-foot of consumptive water use approved by the Washington Department of Ecology (hereinafter "Ecology") for transfer to the Trust Water Right Program for mitigation of groundwater use in Kittitas County, less the Earnest Money Deposit then held by the Closing Agent and any interest earned thereon. Sellers' obligation to sell and the County's obligation to purchase the Sale Quantity is contingent upon the provisions of this Agreement. 2. Earnest Money. Within five (5) business days following mutual execution of this Agreement, the County will deposit with AmeriTitle, 101 West Fifth, Ellensburg, Washington, 98926 (hereinafter "the Closing Agent"), a fully-executed copy of this Agreement and the sum of Ten Thousand Dollars ($10,000.00) in immediately available funds (the "Earnest Money Deposit"). The Earnest Money Deposit shall be held in an interest-bearing money market-type account by the Closing Agent. Interest on the Earnest Money Deposit shall be for the benefit of whichever party is entitled to the Earnest Money Deposit at Closing or other termination of this Agreement. The Earnest Money Deposit shall be paid to Seller or refunded to County as set forth in this Agreement. 3. li'uturc Watct· Use by ·cucrs. If Ecology approves the application to change the Water Right to a Trust Water Right, Sellers and their heirs, successors, and assigns agree not to divert, pump, store, or use the portion of the Water Right comprising the Sale Quantity, unless otherwise authorized by the provisions of this Agreement and Ecology's approval of the change application. For purposes of this Agreement, the parties understand and agree that Sellers' Reserved Quantity shall not be subject to these restrictions on the future use of water. 4. Land Fallowing Co enant and Monitoring. Sellers agree to record a covenant against the land described in Exhibit B, except as provided by the provisions of this Agreement and Ecology's approval of the change application. Sellers may irrigate the land only under the Leaseback provisions of this Agreement, described in Section 10 below, or with Sellers' Reserved Quantity and/or a different water right acquired by Sellers for that purpose. The County will monitor the land on at least an annual basis to ensure compliance with this land fallowing provision. 5. Water Right hangc Ap11licaliou. 5. Pre-Filing Water Right Review. In connection with preparation of the below-described Change Application for filing, the Parties agree that Aspect Consulting shall undertake a confidential review and analysis of all information bearing on the likely "validity and extent" of the Water Right, including anticipated total annual consumptive use to be approved for transfer by Ecology, based upon all available evidence of historic water use, including but not limited to photographs and other imaging. Prior to filing the Change Application, Aspect Consulting shall provide its nonbinding total annual consumptive use estimate to the Patties. Thereafter, and EXCEPT upon exercise of Purchase and Sale Agreement Between Kittitas County and James and Hazel Treat Page 2 of 13