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States Department of Agriculture or some other governmental agency of equal
<br />stature.
<br />B. Fields will be kept clean at the end of the normal growing season and no crop shall
<br />be left in the field so as to lead to the infestation of birds.
<br />10. ENVIRONMENTAL HAZARDS
<br />A. Lessee shall not cause or permit any Hazardous Substance to be used, stored,
<br />generated or disposed of on or in the Leased Premises by Lessee, Lessee's
<br />agents, employees, contractors or invitees, without first obtaining Lessor's written
<br />consent. If Hazardous Substances are used, stored, generated or disposed of on
<br />or in the Leased Premises except as permitted above, or the Leased Premises
<br />become contaminated in any manner for which Lessee is legally liable, Lessee shall
<br />indemnify and hold harmless Lessor from any and all claims, damages, fines,
<br />judgments, penalties, costs, liabilities or losses including, without limitation, a
<br />decrease in value of the Leased Premises, damages due to loss or restriction of
<br />rentable of usable land, or any damages due to adverse impact on marketing of the
<br />land, and any and all sums paid for settlement of claims, attorneys' fees, consultant
<br />and expert fees, arising during or after the Lease Term and arising as a result of
<br />such contamination by Lessee. This indemnification includes, without limitation,
<br />any and all costs incurred due to any investigation of the site or any cleanup,
<br />removal or restoration mandated by a federal, state or local agency or political
<br />subdivision. Without limitation of the foregoing, if Lessee causes or permits the
<br />presence of any Hazardous Substance on the Leased Premises and such results in
<br />contamination, Lessee shall promptly, at its sole expense, take any and all
<br />necessary action to return the Leased Premises to the condition existing prior to the
<br />presence of any such Hazardous Substance on the Leased Premises. Lessee shall
<br />first obtain Lessor's approval for any such remedial action.
<br />B. As used herein, "Hazardous Substance" means any substance which is toxic,
<br />ignitable, reactive, or corrosive, and which is regulated by any local government,
<br />the State of Texas, or the United States Government. "Hazardous Substance"
<br />includes any and all materials or substances which are defined as "hazardous
<br />waste," "extremely hazardous waste," or a "hazardous substance," pursuant to
<br />state, federal or local governmental law.
<br />11. USE PLAN
<br />Lessee shall, upon execution of this Lease, and by December 1st of each subsequent
<br />year, present to Lessor, for review, a Use Plan detailing how Lessee proposes to utilize
<br />the Leased Premises for the ensuing year. The Use Plan shall include at a minimum the
<br />types of crops and the proposed dates of cutting and plowing of each crop.
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