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4.6 Water Right Transfer Process. Purchaser's obligation to buy the SOLAR <br />Water Right is contingent upon approval by the Department of Ecology of the maximum approved <br />consumptive use at the Purchaser Property for Purchaser's intended use. Approval shall be deemed <br />given when all appeal periods applicable to Ecology's decision have expired without an appeal of <br />Ecology's approval of the transfer. In the event there is an appeal of Ecology's decision by any <br />pafiy, including Purchaser, then in that event, Ecology's decision shall not be final until a complete <br />resolution of all appeals. <br />4.6.1 In the event Ecology denies the transfer of the SOLAR Water Right <br />then in that event, at Seller's or Purchaser's option, to be exercised in Seller's or Purchaset's sole <br />and absolute discretion, this Agreement will be null and void and Purchaser shall be entitled to a <br />complete refund of the earnest money. <br />4.6.2 In the event the Department of Ecology approves the transfer of the <br />SOLAR water right but attaches terms and conditions to the transfer that are not acceptable to Seller <br />or to Purchaser, or approves the transfer of less than 60 consumptive acre-feet ofthe SOLAR Water <br />Right, then, in that event, Seller or Purchaser each have the independent right and option, to cancel <br />this sale and, in Purchaser's case, receive a fuIl refund of the earnest money. Seller or Purchaser <br />must elect to cancel this sale within 21 days of Ecology's decision becoming final pursuant to <br />Paragraph 4.6. <br />4.7 Seller recognizes that in order to transfer the SOLAR Water Right and to <br />satisff the contingencies set for in this Paragraph 4, Purchaser and Seller must go through a water <br />rights transfer process with the Department of Ecology. Seller and Purchaser agree to share, when <br />requested, any and all documents, records, or other information Purchaser may need to facilitate and <br />accomplish the transfer when requested by Purchaser. Seller agrees to sign any and all applications <br />or other documents that are necessary to accomplish the transfer process. <br />4.8 The application and all matters necessary for final approval and satisfactory <br />resolution of all appeals shall be accomplished by Seller and Purchaser exercising joint control; <br />provided, however, both shall cooperate with the other to accomplish the transfer. <br />5. Ecology Determination. Assumption of the Risk. and Hold Harmless. Sellerrecognizes <br />that part of the transfer process requires the Department of Ecology to make a tentative <br />determination of the extent and validity of the SOLAR Water Right. Seller and Purchaser also <br />recognize that Ecology, in processing the transfer of the SOLAR Water Right, follows certain <br />statutes and administrative code provisions. Seller and Purchaser also recognize that in applying the <br />statutes and administrative code provisions, Ecology interprets the statutes and administrative code <br />provisions in a manner which is beyond the control of Seller and Purchaser but subject to certain <br />statutory and administrative appeal rights. Ecology's processing of the transfer request may result in <br />all or part of the SOLAR Water Right being determined to be relinquished. Seller agrees to assume <br />the risk of all or part of the SOLAR Water Right being determined to be relinquished and agrees to <br />S"ttrr, 5(> <br />Pttchaser: I- C <br />4