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Docusign Envelope ID:7AE60DDO-1 D18-4D70-BD04-4760EOB82324
<br /> A. Lessee agrees to operate all of the lands described by this Lease in such am an ner as
<br /> to preserve, maintain and improve the structure and fertility of the soil by using only
<br /> farming practices recommended by the Soil Conservation Service of the United
<br /> 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 be
<br /> left in the field so as to lead to the infestation of birds, parasites, vermin, pests,
<br /> insects, or to conditions deemed by regulatory authorities to create a public health
<br /> hazard or render the Premises unsuitable for agricultural use. Lessee shall be solely
<br /> responsible for curing any such conditions at Lessee's expense, both during the term
<br /> of the lease and after termination of the lease.
<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 agents,
<br /> employees, contractors or invitees, without first obtaining Lessor's written consent.
<br /> If Hazardous Substances are used, stored, generated or disposed of on or in the
<br /> Leased Premises except as permitted above, or the Leased Premises become
<br /> contaminated in any mannerforwhich Lessee is legally liable, Lessee shall indemnify
<br /> and hold harmless Lessor from any and all claims, damages, fines, judgments,
<br /> penalties, costs, liabilities or losses including,without limitation, a decrease in value
<br /> of the Leased Premises, damages due to loss or restriction of rentable of usable land,
<br /> or any damages due to adverse impact on marketing of the land, and any and all sums
<br /> paid for settlement of claims, attorneys' fees, consultant and expert fees, arising
<br /> during or after the Lease Term and arising as a result of such contamination by
<br /> Lessee. This indemnification includes, without limitation, any and all costs incurred
<br /> due to any investigation of the site or any cleanup, removal or restoration mandated
<br /> by a federal, state or local agency or political subdivision. Without limitation of the
<br /> foregoing, if Lessee causes or permits the presence of any Hazardous Substance on
<br /> the Leased Premises and such results in contamination, Lessee shall promptly, at its
<br /> sole expense, take any and all necessary action to return the Leased Premises to the
<br /> condition existing prior to the presence of any such Hazardous Substance on the
<br /> Leased Premises. Lessee shall first obtain Lessor's approval for any such remedial
<br /> 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, the
<br /> State of Texas, or the United States Government. "Hazardous Substance" includes
<br /> any and all materials or substances which are defined as "hazardous waste;'
<br /> "extremely hazardous waste;" or a "hazardous substance;' pursuant to state, federal
<br /> or local governmental law.
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