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and all of the terms, covenants, and conditions hereof shall be for the sole and exclusive benefit of <br />the Parties herein. <br />6.12 Assignment. The Developer's rights and obligations under this Agreement shall be <br />personal to the Developer and shall not run with the land. The Developer may not assign its rights <br />or obligations under this Agreement to any unrelated third party without obtaining the <br />Commission's and/or the Board's prior written consent to such assignment, which the Commission <br />and/or the Board may give or withhold in its sole discretion. In the event the Developer seeks the <br />Commission's and/or the Board's consent to any such assignment, the Developer shall provide to <br />the Commission and/or the Board all relevant information concerning the identities of the persons <br />or entities proposed to be involved in and an explanation of the purposes for the proposed <br />assignment(s). For clarity, and notwithstanding anything to the contrary set forth in the foregoing <br />Agreement, the use of the wells on the Developer Property shall be limited to use for the benefit <br />of the Project. In the event that the Developer Property is no longer used for the Project, the use <br />of the wells shall be discontinued. This Section 6.12 shall survive the termination of this <br />Agreement. <br />6.13 Further Assurances. The Parties agree that they will each undertake in good faith, <br />as permitted by law, any action and execute and deliver any document reasonably required to carry <br />out the intents and purposes of this Agreement. <br />6.14 Exhibits. All exhibits described herein and attached hereto are incorporated into <br />this Agreement by reference. <br />6.15 Entire Agreement. No representation, promise, or inducement not included in this <br />Agreement will be binding upon the Parties hereto. This Agreement cannot be modified except <br />by mutual agreement of the Parties set forth in a written instrument signed by the Parties' <br />authorized representatives. <br />6.16 Time. Time is of the essence of this Agreement. <br />Signature Page Follows <br />7 <br />