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D. The remaining portion of the Water Rights not subject to the Water Right Permits is summarized below: Qa (CU) 8.298 0.08 Period April l to Oct. L5 Oct. 16 to March 31 Certificate No s+85121-J s-85198-l more particularly described herein as the ("Remaining Water Rights"). E. Seller desires to sell, and the County desires to purchase, the consumptive and non- consumptive portions of the Remaining Water Rights and the remaining portion of the Water Right Permits as provided herein. The Seller also desires to assign the Quinn Agreement to the County. The Seller's other water rights, not listed in this Agreement, are expressly not subject to this Agreement. Agreement NOW, THEREFORE, in consideration of the foregoing and the mutual covenants, conditions, and promises contained in this Agreement, including the defined terms contained in the Factual Background section of this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Kittitas County and the Seller agrees as follows: L Purchase of Beneficial Interest in Water Rights. Seller agrees to sell, and the County agrees to purchase the Remaining Water Rights and the remaining portion of the Water Right Permits as provided herein. Seller agrees to assign and the County agrees to accept the Seller's interest in the Quinn Agreement. 2. Purchase Price. The Purchase Price for the Seller's Remaining Water Rights and Water Right Permits shall be One Hundred Seventy-four thousand eight hundred seventy-six dollars ($174,876.00) ("Purchase Price"), unless reduced as provided herein. The Seller and the County agree that if the Seller sells any portion of the Remaining Water Rights and Water Right Permits or Ecology determines that there is less water rights available for transfer to the County before Closing, the Purchase Price will be reduced as follows: 2.1. Any sales of the remaining portion of the Water Right Permifs. If the Seller sells any portion of the Water Right Permits or Ecology asserts that the remaining ERUs is less than stated above before Closing, the Purchase Price shall be reduced by four thousand six hundred forty six and25ll00 (54,646.25) per ERU. 2