Res 2008-139 - Laserfiche WebLink

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of this paragraph, Lessor shall account to Lessee for the fair market value, as determined by the Lessor, of any agricultural products growing at the time of such termination less any damages or expenses incurred by Lessor in tending, harvesting and marketing same, such accounting to occur at the time any such crops are marketed, and Lessor agrees to market crops as promptly as it can reasonably be done. Lessor shall have, and is given and granted, a first and superior lien upon all agricultural crops raised and produced on the premises, to secure the payment and performance of all obligations to be paid and/or performed by Lessee. D. FULL OR PARTIAL TERMINATION WITHOUT DEFAULT. It is further understood and agreed that Lessor may, with 60 days' notice in writing to Lessee, reduce the land area of the Leased Premises or terminate this Lease in respect to all or any part of the Leased Premises for sale, transfer or development or other, non-agricultural uses. Upon termination of this Lease as to any part of the Leased Premises for any reason other than default by Lessee, Lessee shall be reimbursed for that portion of the Rent paid which corresponds to the percentage of the annual period for which the Lease was terminated multiplied by the product of the number of acres as to which the Lease was terminated and the proportional annual Rent per acre as stated in Section VII of this Lease. Lessee shall also be reimbursed for the loss of standing crops other than grasses, or loss of fences or other improvements, resulting from such a reduction in land area or termination of the Lease by Lessor. X. INSURANCE Lessee shall maintain at its own cost and expense public liability insurance on an occurrence basis with minimum limits of liability in an amount of $100,000.00 for bodily injury, personal injury or death to any one person and up to $300,000.00 for all injuries arising out of each such occurrence, and $100,000.00 for damage to property. Such insurance policy shall contain the endorsement that insurance may not be cancelled or amended with respect to Lessee without 30 days written notice by registered mail to Lessor by the insurance company, and that Lessor shall not be required to pay any premiums for insurance. Any insurance policy required and procured by Lessee shall contain an express waiver of any rights of subrogation by the insurance company against the Lessor. A copy of insurance policy or a certificate of insurance shall be delivered by Lessee to Lessor within ten days of the execution of this Lease. The minimum limits of any insurance coverage required shall not limit Lessee's liability under Part XI of this Lease. XI. INDEMNIFICATION Lessee agrees to indemnify, defend and hold harmless Lessor, its officers and employees, from all damages, claims, losses, demands, suits, judgments, and costs, including reasonable attorney's fees, and expenses arising out of or resulting from the use of the Leased Premises for agricultural purposes by Lessee, regardless of whether it is caused in part by Lessor or its officers or employees. XII. CONSERVATION PRACTICES Lessee agrees to conduct all activities on the Leased Premises in such a manner as to preserve, maintain and improve the structure and fertility of the soil by using only farming practices recommended by the Soil Conservation Service of the United States Department of Agriculture or some other governmental agency of equal stature. Fields will be kept clean at the end of the normal growing season and no crop shall be left in the field so as to lead to the infestation of birds. XIII. ENVIRONMENTAL HAZARDS A. Lessee shall not cause or permit any Hazardous Substance to be used, stored, generated or disposed of on or in the Leased Premises by Lessee, Lessee's agents, employees, contractors or invitees, without first obtaining Lessor's written consent. If Hazardous Substances are used, stored, generated or disposed of on or in the Leased Premises except as permitted above, or the Leased Premises become 4