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2.2. Remaining Water Rights. If the Seller sells any portion of the Remaining Water Right or Ecology asserts it is less than stated above before Closing, the Purchase Price shall be reduced based on a value of twelve thousand dollars ($12,000.00) per acre-foot or portion thereof. 3. Earnest Money. Within fifteen (15) business days following the mutual execution of this Agreement, the County will deposit with NexTitle, 206 W. 1 't Avenue, Ste B, Ellensburg, WA 98926 ("Closing Agent"), a full executed copy of this Agreement and the sum of Five Thousand Dollars ($5,000.00) in immediately available funds (the "Earnest Money Deposit"). The Eamest 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 Eamest Money Deposit shall be paid to Seller or refunded to the County as set forth in this Agreement. 4. Future Water Use by Seller. If Ecology approves the conveyance of the Water Rights to the County, Seller and its heirs, successors, and assigns agree not to divert, pump, store, or use the Water Rights for the uses curuently authorized. 5. Land Fallowing and Monitoring. The County recognizes that the Seller has already transferred the Water Rights from the formerly appurtenant land. Additionally, the County recognizes that pursuant to an earlier sale agreement between the Seller and the Washington State Department of Ecology for a different water right, Seller entered into an Easement Agreement to allow for monitoring of Seller's property to confirm the water rights are not being used on-site. Kittitas County Recording No. 201801030028. The County recognizes this recorded Easement as sufficient for its monitoring purposes. 6. Ecology Consent. Seller's Water Rights are subject to a Trust Water Right Agreement. Seller and the County shall seek Ecology's consent to the assignment ofthe Remaining Water Rights and Water Right Permits consistent with this Agreement. This Agreement shall terminate if Ecology does not consent. Ecology's consent shall be deemed given when Ecology signs the consent form attached hereto as Exhibit E. 6.1. In the event Ecology refuses to consent to the assignment of the Remaining Water Rights and Water Right Permits, this Agreement shall be null and void and the County shall be entitled to a complete refund of the Earnest Money Deposit. 6.2. In the event Ecology consents to the assignment of the Remaining Water Rights and Water Right Permits and, in the consent, attaches terms and conditions to the assignment which are not acceptable to Seller or the County, then, in that event, Seller or 3