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contaminated in any manner for which Lessee is legally liable, Lessee shall indemnify and hold
<br />harmless Lessor from any and all claims, damages, fines, judgments, penalties, costs, liabilities or
<br />losses including, without limitation, a decrease in value of the demises premises, damages due to
<br />loss or restriction of rentable of usable land, or any damages due to adverse impact on marketing of
<br />the land, and any and all sums paid for settlement of claims, attorneys' fees, consultant and expert
<br />fees, arising during or after the Lease Term and arising as a result of such contamination by Lessee.
<br />This indemnification includes, without limitation, any and all costs incurred due to any investigation
<br />of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or
<br />political subdivision. Without limitation of the foregoing, if Lessee causes or permits the presence of any
<br />Hazardous Substance on the Leased Premises and such results in contamination, Lessee shall promptly, at
<br />its sole expense, take any and all necessary action to return the Leased Premises to the condition existing
<br />prior to the presence of any such Hazardous Substance on the Leased Premises. Lessee shall first obtain
<br />Lessor's approval for any such remedial action.
<br />B. As used herein, "Hazardous Substance" means any substance which is toxic, ignitable, reactive, or
<br />corrosive, and which is regulated by any local government, the State of Texas, or the United States
<br />Government. "Hazardous Substance" includes any and all materials or substances which are defined as
<br />"hazardous waste," "extremely hazardous waste," or a "hazardous substance," pursuant to state, federal or
<br />local governmental law.
<br />XIV. USE PLAN
<br />Lessee shall, by October 1 st of each year present to Lessor, for review by the Airport Manager, a Use
<br />Plan detailing how Lessee proposes to utilize the premises in compliance with the Crop Restrictions as
<br />outlined in Section II above, for the ensuing year. The Use Plan shall include at a minimum the types of crops
<br />and the proposed dates of cutting and plowing of each crop.
<br />XV. NON-DISCRIMINATION
<br />The Lessee for himself, his personal representatives, successors in interest, and assigns, as a part of
<br />the consideration, does covenant and agrees as a covenant running with the land, that:
<br />(1) No person on the grounds of race, color, or national origin shall be excluded from participation in,
<br />denied the benefits of, or be otherwise subjected to discrimination in the use of said Leased Premises;
<br />(2) In the construction of any improvements on, over, or under such land, and the furnishing of
<br />services, no person on the grounds of race, color, or national origin shall be excluded from participation in,
<br />denied the benefits of, or otherwise be subjected to discrimination; and,
<br />(3) The Lessee shall use the Leased Premises in compliance with all other requirements imposed by
<br />or pursuant to 49 Code of Federal Regulations Part 21, Nondiscrimination in Federally Assisted Programs of
<br />the Department of Transportation and as said regulations may be amended.
<br />XVI. OTHER TERMS AND CONDITIONS
<br />A. MOWING. The Lessee will maintain and mow all areas as depicted within the Legend displayed on
<br />Exhibit "A".
<br />B. NO WAIVER OF IMMUNITY. The Lessor's execution of and performance under this Lease will not
<br />act as a waiver of any immunity of the Lessor to suit or liability under applicable law.
<br />C. ENTIRE AGREEMENT. This document constitutes the entire agreement between the parties and
<br />any modifications of this Lease shall be in writing and signed by the parties to this Lease.
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