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no assurance as to the actual production capability of a well. The parties further acknowledge <br />that the lease payment set forth herein was negotiated in contemplation of combined production <br />from the Well Sites at least equal to the 8,000 acre feet per annum necessary to satisfy the non - <br />colored water production matching requirements established by the Third Amendment. It is <br />understood and agreed between the parties hereto, however, that should production from the Well <br />Sites in any given year during the first ten (10) years following the Lease Commencement Date <br />not equal at least 8,000 acre feet, IRWD is still obligated to pay to SANTA ANA the entire lease <br />payment specified in Section 1, above. Should IRWD need additional sites to meet the 8,000 <br />acre-foot required match amount, SANTA ANA shall, to the best of its ability lease additional <br />well site(s) to IRWD in mutually acceptable location(s) (each, an "Additional Site"), The lease <br />payments in Sections 1 and 2 shall include such additional well site(s). If SANTA ANA is <br />unable within the best of its ability to lease and convey such additional well site(s), the parties <br />shall meet and confer to determine and implement a reasonable alternative method of securing <br />for IRWD the benefit contemplated by this Agreement. <br />Section 4, This Agreement shall become effective when, if and only if the Third <br />Amendment becomes effective. <br />Section 5. The term of this Agreement shall be forty (40) years and shall terminate on <br />June 30, 2039. Prior to the end of the term, the parties shall meet and confer to renegotiate the <br />terms and conditions of this Agreement. <br />4 <br />