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5.2 Shall. in addition to the protections against relinquishrnert in <br />chapters 90.38 RCW and 9;0.42 RCW, at all times during the Term Inanage, maintain, <br />pr*"*" and protect for the benefit of Roan and its successor€r designees and assigns all <br />Lpects ana atfibutes of the Water; including, but not limited to, the priority date, the <br />#"i dfi;iorury right, instantaneous quanti , and annual consumptive quantity from <br />impairment, challenges, oiaims and relinquishment; <br />5.2.1 Shatl, in the event Ecology determines that a call for water <br />would reduce the amount of mitigation available pursuant to. fryasrag| <br />4.1.4, curtail all junior water useri that are in hydraulic oontinuify with <br />First Creelc and Swauk Creek <br />5.3 Shalt process all requests for detennination of water budSel <br />neutrality, applications fo: water right permii and assignment requests where portions of <br />;i,;W;# in T*rt* lroposed ur riitigation and shall take all steps nqcessary. to co-ryplv <br />*iitt *y restrictions imioseA by other agreements to which Ecology may be subject <br />i*iuaitls but not limiteJd to memorandums of agreement and groundwater moratoriums <br />or sirbsequenfly enacted water right processing rules; <br />5,4 Shall not assess or charge Roan any costs or fees for maintaining <br />the Water in Trust; provided that Ecology may charge lhird parties its regular costs and <br />!* fot water rigttt applications, assifrments, transfers and investigltions or costs <br />utt iUut.Ot" to plocessing new water right applications or water budget neut'al <br />determinations as provided under this agreemenl <br />6. In lceeping with the pu{pose of this Agreement and as a material part of the <br />consideration ior ttts Agreem-enfupon which its execution is dependent: <br />6.2 <br />Ecology: <br />6.3 <br />to Roan: <br />Roan makes tLe following undertakings, representations and warranties to <br />6.2.1 J.P. and fan Roan are individuals; owners of the Water iisted in <br />ExhibitA. and duly authorized to enterinto this Agreement' <br />6.2.3 Upon its full execution, this Agreement is binding upon Roan in <br />accordance with its tenns. <br />6.2.4 Roan shall use best effofis to futly and timely perform the <br />obligations and actions contemplated by this Agreement' <br />Ecology makes the follOwing undertakings, representations and warranties <br />6,3.I Ecology is authorieed and firlly able to enter into and pprlorm all <br />its obligations in this Agreement according to its terms' <br />6.3.2 Each individual executing this Agreement on behalf of Eoology is <br />duly authorirsdto execute and deliver this Agreement' <br />6.3.3 upon its full execufion, fiis Agreement is binding upon Ecology in <br />accordance with its terms. <br />J