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. . -, • . � ss io��3s 4 only after the exercise of the power of eminent domain. Water and farming practices shall include the raising of livestock and the application of fertilizer, herbicides, pesticides and chemigation if best management practices are utilized. Provided, however, nothing in this paragraph is or should be construed to be the waiver, disclaimer or release of any rights of City to protect its municipal water supply from any contamination of any kind whatsoever or the City's authority and power to provide safe quality water for its water supply customers. 6. Hall Countv and DWR Filinv. City agrees to file this Agreement with the Register of Deeds of Hall County. City also agrees to file the Agreement with DWR. City agrees to request the inclusion of the terms of paragraph 3, 4 and 5 of this Agreement in any order approving any of City's applications . City will be responsible for filing and pay all filing fees. 7 . Withdrawal of Objection. In consideration of the mutual covenants and promises contained herein and upon the filing of this Agreement with the Hall County Register of Deeds, Gloe shall withdraw their Objection to City's Applications by filing a withdrawal of objections with DWR and Gloe shall withdraw from further proceedings concerning the Applications before DWR. 8. Permit Condition. City agrees to request DWR impose a condition, incorporating the terms of paragraphs 3, 4, 5 and 9 of this Agreement, on any permit granted City by virtue of its Applications. The denial of such request by DWR shall not affect the obligations of the party hereunder and the agreement shall remain binding on all parties. 9 . Enforcement. In the event Gloe claims that City has failed or refused to perform the restrictions described in paragraphs 3 and 4 hereof after Gloe's submission of the verifiable proof required in said paragraphs, Gloe shall not seek any restraining order, injunctions or closure orders except in DWR. City submits to the jurisdiction of DWR for determination of these matters . City does not waive the right to appeal from any order by DWR. All rights to seek monetary damages in the event of default by City are reserved by G,loe. 10. MerQer Clauses. This document contains the entire agreement between Gloe and City with respect to the subject matter of the Agreement. This Agreement was entered into and shall be governed by the laws of the State of Nebraska.