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<br />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 any <br />and all materials or substances which are defined as "hazardous waste," "extremely <br />hazardous waste," or a "hazardous substance," pursuant to state, federal or local <br />governmental law. <br /> <br />I <br /> <br />such Hazardous Substance on the Leased Property. Lessee shall first obtain City's <br />approval for any such remedial action. <br /> <br />X. <br />USE PLAN <br /> <br />Lessee shall, by January 1 of each year present to City, for review by the City <br />Water/Wastewater Department, a Use Plan detailing how Lessee proposes to utilize the <br />premises for the ensuing year. The Use Plan shall include at a minimum the types of <br />crops and the proposed dates of cutting and plowing of each crop. <br /> <br />XII. <br />OTHER TERMS AND CONDITIONS <br /> <br />A. City shall have, and is given and granted, a first and superior lien upon <br />all agricultural crops raised and produced on the premises, to secure the payment and <br />performance of all obligations to be paid and/or performed by Lessee. <br /> <br />I <br /> <br />B. The Lessee is responsible for all taxes and assessments due on the <br />Leased Property and shall pay such taxes and assessments when due. <br /> <br />C. In the event of a variance between the acreage or dimensions of the <br />Leased Property as depicted in Exhibit B and the actual acreage and dimensions, <br />Lessee agrees to indemnify and hold the City harmless. <br /> <br />D. This document constitutes the entire Lease Agreement between the <br />parties and any modifications of this Lease Agreement shall be in writing and signed by <br />the parties to this Lease Agreement. <br /> <br />E. City reserves the right to enter upon the land covered by this Lease <br />Agreement to make inspections concerning Lessee's compliance with the terms of this <br />Lease Agreement or to perform any work the City deems necessary such as, but not <br />limited to, surveying, soil testing and engineering surveying. There will be no <br />reimbursement for crop loses to the Lessee for the entry of these inspections or other <br />necessary work. <br /> <br />F. The Parties agree that the laws of the State of Texas shall govern this <br />Lease Agreement and that proper venue for enforcement of this Lease Agreement shall <br />lie in Hays County, Texas. ; <br /> <br />I <br /> <br />G. In the event any subsection, paragraph, sentence, phrase or word is held <br />invalid for any reason, the balance of this Lease Agreement will remain in effect and will <br />