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a <br /> 4. Purchaser agrees to pay any stock transfer fees to the <br /> Marshallville Ditch Company. <br /> 5. Seller covenants to assist Purchaser, its agents, <br /> representatives and assigns, for no additional consideration, in <br /> establishing information relevant to the historic use of the <br /> subject water rights, including the execution of appropriate <br /> affidavits and/or the furnishing of testimony in appropriate <br /> administrative or judicial proceedings with respect to such water <br /> rights. <br /> 6. The parties recognize that the water rights are subject <br /> to a thirty (30) day preemptive right provision in the Marshall- <br /> ville Ditch Company bylaws. Seller represents that it initiated <br /> the thirty (30) day period on _ , 1987 by mailing <br /> notices to all shareholders. If a shareholder of the <br /> Marshallville Ditch Company exercises his option to purchase <br /> under the bylaws of said company, Seller shall promptly notify <br /> Purchaser of said fact, in writing, and at the option of <br /> Purchaser this agreement may be declared null and void and void <br /> of no effect whatsoever. With that exception, Seller warrants <br /> to Purchaser that all other required notices of any preemptive <br /> rights to purchase the subject water rights have been given and <br /> any applicable time periods have elapsed. <br /> 7. Seller represents that its 2. 0 shares of stock in the <br /> Marshallville Ditch Company has historically been used for <br /> irrigation purposes on the following described land: <br /> Approximately 37 acres of land located <br /> -2- <br />