Water Quality. The Tejon Water shall be untreated fresh water and will have the same quality as other water in the Wheeler Ridge water delivery system. Tejon has no control over water quality in the Wheeler Ridge water delivery system and makes no representations or warranties regarding the future quality of water in the Wheeler Ridge water delivery system or the water quality of water delivered to Pastoria.

Offsite Water Flow. Seller will deliver the Property at Closing with proper offsite water flow on and to the Property and which will be managed through the appropriate infrastructure.

Replenishment of Replacement Water. In addition to Liquidated Damages, if, due to a Delivery Default, Pastoria draws down on its water in Groundwater Storage, or other water maintained in a groundwater bank, to meet its demands (“Replacement Water”), Tejon shall replenish to PEF’s Groundwater Storage account the volume of Replacement Water used within twenty-four (24) months of written notice. PEF shall provide notice to Tejon of its obligation to replenish within ninety (90) days of PEF’s first acquisition of Replacement Water to substitute for a Delivery Default. After the first notice of PEF use of Replacement Water, PEF shall provide Tejon notices of any additional amounts of Replacement Water used as needed and at regular intervals.

Tejon owns and leases certain real property in Kern County. Tejon holds various water rights and contracts for water supply, including water contracts with Wheeler Ridge-Maricopa Water District (“Wheeler Ridge”), and has water stored in the Kern Water Bank (“KWB”).

Tejon Water delivered shall be banked water from the KWB that is directly delivered or exchanged for SWP surface water. Tejon shall provide PEF documentation verifying source of water upon PEF’s request.

water (including, without limitation, territorial, coastal and inland waters, water under or within land and water in drains and sewers); and

“Environment” means ambient and indoor air, surface water and groundwater (including potable water, navigable water and wetlands), the land surface or subsurface strata, and natural resources such as flora and fauna.

“Environment” means all or any of the following, alone or in combination: the air, water (including seawater inside or outside any territorial limits, freshwater and water under or within land), soil and land (including the seabed and land under water) and any ecological systems and living organisms supported by those media including man.

deemed to have elected not to have Landlord supply or reserve all or a portion of such Supplemental Condenser Water, as applicable, if Tenant fails to give to Landlord a Supplemental Condenser Water Notice on or before the CW Outside Date, or if Tenant gives a Supplemental Condenser Water Notice on or before the CW Outside Date requiring Landlord to supply and/or reserve less than the Supplemental Condenser Water detailed above, then in any such event Landlord shall have no obligation to reserve the unused or unreserved portion of such Supplemental Condenser Water for Tenant’s future use; provided, that if Tenant thereafter requires such Supplemental Condenser Water, Landlord shall provide such Supplemental Condenser Water to Tenant to the extent such Supplemental Condenser Water is available after taking into account reasonably appropriate reserves to serve the current and anticipated future needs of Landlord, Tenant and the other tenants of the Building as reasonably determined by Landlord. In connection with the foregoing, Tenant shall pay to Landlord a tap-in charge in an amount equal to One Thousand Five Hundred and 00/100ths Dollars ($1,500.00) per tap.

discharge to water;