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and the third party applicant if any, or the deposit of any other documents required for closing, 4.1,1. The escrow shall close within thirly (30) days of the occurrence of the last of the following events: 4.1.1.1. Mutual execution of all agreements and documents contemplated by or collateral to this Agreemenq 4,1.1.2, Roan's deposit of an executed docunrent in a form acceptable to Ecology permanently allocating a portion of the then available and unallocated Water in Trust to the proposed purpose as set forth in the new water right pennit, water budget neufral determination or assigrunent of one of the 8 groundwater permits; 4.1.I.3. The giving of all requisite public notices for actions contemplated by such transaction; deposit of the ROE and the new water right p;rmit or water budget neutral. detemination, each in form and eontent acceptable to Roan and such third parly, if any; 4.1.1.4. The expiration of all noticq comment and appeal periods related to the full implementation of this Agreemenf the ROE, and lhe n"w water right permit or water budget neutral determinatio$ and 4,1.1.5. The deposit of alt moniesn documents and things reievant and necessary to conclude the transaction between Roan and any third party, 4.1.2, Roan shall pay fiSy percent of the escrow account fee and the third parry shall pay the other fifypercenL 4.T.3, Roan and any third pa{y having the right to do so under an agreement with Roan, may, at any time prior to closing of escrow and without oausq withdraw the new applicatioa, request for deteunination of water budget neuffility or assigument request of one of the 8 groundwater perrnits or othelwise prevent any allocation of any portion of the Water to such transactiott- 4.7.4 Roan shall subordinate the exercise of his remaining portion of Court Claim 00648 in the event that Ecology determines that a call for water would reduce the amount of mitigation available to assignees of one or more of the 8 groundwater permits, water budget neuhal detentrination or new water right permit related to the Water in Trust. 5. During the Term and in its capaoity as a fiduciary, Ecolory shall hold and manage the Water in Trust pursuant to chapters 90.38 RCW'and90"42 RCW and tltis Agreement as a part of the total water supply available ("TWSA') in the Yakima River. Ecology: 5.1 Shalt take no position and make no assertions that the quantities and beneficial use of the Water is other than as stated in Exhibits A" B and C and paragraph 3 abovq and this representation shall also apply to any Water removed from theTrust 4