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unrealized value of investments and /or of growing crops from the United States Government.
<br />B. LEASE SUBJECT TO OTHER INSTRUMENTS. This Lease and all provisions shall be
<br />subject and subordinate to all the terms and conditions of any instruments, agreements and documents
<br />under which the Lessor acquired said Leased Premises from the United States of America, or under
<br />which the Lessor receives or received funding from the Texas Department of Transportation and shall be
<br />given such effect and construction as will not conflict or be inconsistent with such terms or conditions.
<br />C. DEFAULT. In the event either party should violate any term or provision of this Lease, the
<br />party not in default shall give the defaulting party notice, and if such default complained of shall, in fact,
<br />constitute default, and unless the same is not corrected within 15 days after the date of receipt of such
<br />written notice, then the party not in default shall have the option to terminate this Lease, and in the event
<br />of such termination, Lessee shall return the Leased Premises to Lessor in as good a condition as it was
<br />at the beginning of this Lease except for any changes brought about by weather conditions, harvesting
<br />of crops and other conditions beyond Lessee's control. In the event Lessor terminates this Lease under
<br />the provisions of this paragraph, Lessor shall account to Lessee for the fair market value, as determined
<br />by the Lessor, of any agricultural products growing at the time of such termination less any damages or
<br />expenses incurred by Lessor in tending, harvesting and marketing same, such accounting to occur at the
<br />time any such crops are marketed, and Lessor agrees to market crops as promptly as it can reasonably
<br />be done. Lessor shall have, and is given and granted, a first and superior lien upon all agricultural crops
<br />raised and produced on the premises, to secure the payment and performance of all obligations to be
<br />paid and /or performed by Lessee.
<br />D. FULL OR PARTIAL TERMINATION WITHOUT DEFAULT. It is further understood and
<br />agreed that Lessor may, with 60 days' notice in writing to Lessee, reduce the land area of the Leased
<br />Premises or terminate this Lease in respect to all or any part of the Leased Premises for sale, transfer or
<br />development or other, non - agricultural uses. Upon termination of this Lease as to any part of the Leased
<br />Premises for any reason other than default by Lessee, Lessee shall be reimbursed for that portion of the
<br />Rent paid which corresponds to the percentage of the annual period for which the Lease was terminated
<br />multiplied by the product of the number of acres as to which the Lease was terminated and the
<br />proportional annual Rent per acre as stated in Section VII of this Lease). Lessee shall also be
<br />reimbursed for the loss of standing crops other than grasses, or loss of fences or other improvements,
<br />resulting from such a reduction in land area or termination of the Lease by Lessor.
<br />X. INSURANCE
<br />Lessee shall maintain at its own cost and expense commercial general liability insurance on an
<br />occurrence basis with minimum limits of liability in an amount of $1,000,000.00 for bodily injury, personal
<br />injury or death to any one person and $1,000,000.00 for damage to property, and $2,000,000.00 in the
<br />aggregate. Such insurance policy shall contain the endorsement that insurance may not be cancelled or
<br />amended with respect to Lessee without 30 days written notice by registered mail to Lessor by the
<br />insurance company, and that Lessor shall not be required to pay any premiums for insurance. Any
<br />insurance policy required and procured by Lessee shall contain an express waiver of any rights of
<br />subrogation by the insurance company against the Lessor. A copy of insurance policy or a certificate of
<br />insurance shall be delivered by Lessee to Lessor within ten days of the execution of this Lease. The
<br />minimum limits of any insurance coverage required shall not limit Lessee's liability under Part XI of this
<br />Lease.
<br />XI. INDEMNIFICATION
<br />Lessee agrees to indemnify, defend and hold harmless Lessor and Airport Manager,
<br />together with their respective officials, officers, employees, and agents in both their official and
<br />private capacities, from all damages, claims, losses, demands, suits, judgments, and costs,
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