In the event that # the infrastructure needed to convey the Tejon Water to Groundwater Storage is damaged and/or destroyed in whole or in part by any Casualty, and # no commercially reasonable alternative conveyance method is available, Tejon’s obligations under [Section 4] to deliver Tejon Water to Groundwater Storage and PEF’s obligations under [Section 7] to pay for the Tejon Water that cannot be delivered to Groundwater Storage shall be excused until such time as the infrastructure needed to convey the Tejon Water is repaired and resumes operations.

SWN WATER RESOURCES COMPANY, LLC

surface water? no industrial discharge

Blue Water Global Group, Inc.

Blue Water Bar & Grill, Inc.

Heating/hot water/air-conditioning

Subject to certain contractual obligations, Tejon has the ability to acquire # water stored in the KWB and # recharge, recovery and conveyance capacity in the KWB from Kern Water Bank Authority (“KWBA”) member units.

Subject to the provisions of [Section 7], all Real Estate Taxes, water meter and water charges and sewer rents, accrued or unaccrued, fixed or not fixed, becoming due and payable after the Closing Date;

“Environmental Laws” shall mean all foreign, Federal, State and local laws (including common law), legislation, rules, codes, licenses, permits (including any conditions imposed therein), authorizations, judicial or administrative decisions, injunctions or agreements between any Borrower or Guarantor and any Governmental Authority, # relating to pollution and the protection, preservation or restoration of the environment (including air, water vapor, surface water, ground water, drinking water, drinking water supply, surface land, subsurface land, plant and animal life or any other natural resource), or to human health or safety, # relating to the exposure to, or the use, storage, recycling, treatment, generation, manufacture, processing, distribution, transportation, handling, labeling, production, release or disposal, or threatened release, of Hazardous Materials, or # relating to all laws with regard to

Buyer and Seller’s affiliate Tidewater Utilities, Inc. (“TUI”) shall reasonably cooperate to modify the backwash water disposal system at the water treatment plant that TUI owns and operates in the Country Grove development such that those flows are redirected to the dosing chamber at the Country Grove development wastewater treatment plant as approved by the Delaware Department of Natural Resources and Environmental Control.