Laserfiche WebLink
<br />k. A certification that the representations and warranties of Seller pursuant to Paragraph <br />18 continue to be true and COlTect as of the date of closing, to the best of the Seller's actual, <br />present, knowledge; and <br /> <br />1. Seller's closing costs and any other documents required by this Contract to be <br />delivered by Seller to the title company or reasonably required by Purchaser or the title <br />company in connection herewith. <br /> <br />13. At the time of closing and, upon Seller's compliance with the terms and provisions of <br />this Contract, Purchaser shall deliver: <br /> <br />a. The purchase price; <br /> <br />b. Purchaser's closing costs and any other documents required by this Contract to be <br />delivered by Purchaser to the title company or reasonably required by Seller or the title <br />company in connection herewith. <br /> <br />14. With Regard to the Water Rights: <br /> <br />a. On the date and tim{: set for closing, Seller shall deliver to Purchaser Affidavit of <br />Historical Use along with the Water History Questionnaire (in the form of Exhibit D <br />attached hereto and incorporated herein), in which Seller and all previous users of the <br />Water Rights using under or through Seller state, to the best of their actual, present, <br />knowledge, which acreage has been irrigated with the Water Rights and a summary of <br />such historical use for a minimum of the last 30 years. Seller warrants and represents <br />that, to the best of Seller's actual, present, knowledge, the Water Rights have not been <br />abandoned and have been used as the only water rights to irrigate at least the numbers of <br />acres ("Irrigated Property") described in the attached Exhibit D. Seller also agrees to <br />provide to Purchaser at closing a summary, completed to the best of the Seller's actual, <br />present, knowledge, of each and every water right used for the irrigation of the Irrigated <br />Property for the past 30 years, the crop and crops historically grown on the Irrigated <br />Property, together with any known cropping patterns or rotations, to the extent known by <br />Seller. Should Purchaser institute a court action, after the Closing, for the confirmation <br />of use of all or part of the Water Rights, Seller shall not challenge or oppose the judicial <br />approval sought in such action, nor attempt in any way to hinder or limit the manner or <br />place in which the Water Rights conveyed may be used by Purchaser. Seller shall <br />cooperate in any judicial proceeding, including providing testimony therein. Seller <br />agrees to reasonably cooperate with Purchaser in all respects in regard to providing <br />information necessary for Purchaser to effect transfer of the Water Rights and to change <br />the use of said water from irrigation to all municipal uses to be made by Purchaser, <br />including the preparation of and the giving of testimony at any hearings and trials. <br /> <br />b. Seller represents, to the best of Seller's actual, present, knowledge, that no other <br />person has any legal or equitable right to use the Water Rights. Seller shall, at the timen <br />6 <br />