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promptly as it can reasonably be done. Lessor shall have, and is given and granted, a first and superior
<br />lien upon 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. it is further understood and
<br />agreed that Lessor may, with sixty (60) days notice in writing to Lessee, terminate this Agreement in
<br />respect to any part of the demised premises to be devoted to higher valued, non-agricultural uses. Upon
<br />termination of this Agreement as to any part of the demised premises for any reason other than default
<br />by Lessee, Lessee shall be reimbursed for that portion of the annual rent paid which corresponds to the
<br />percentage of the annual period for which the Agreement was terminated multiplied by the product of
<br />the number of acres as to which the Agreement was terminated and the proportional annual cash rent
<br />(as determined by Part VII of this Agreement). Lessee shall also be reimbursed for any loss suffered,
<br />such as loss of standing crops other than grasses, or loss of fences or other improvements, from such
<br />a termination of the Agreement by Lessor.
<br />
<br />X. INSURANCE
<br />
<br /> Lessee shall maintain at its own cost and expense public liability insurance on an occurrence
<br />basis with minimum limits of liability in an amount of $100,000.00 for bodily injury, personal injury or
<br />death to any one person and up to $300,000.00 for all injuries arising out of each such occurrence, and
<br />$100,000.00 for damage to property. Such insurance policy shall contain the endorsement that
<br />insurance may not be cancelled or amended with respect to Lessee without thirty (30) days written notice
<br />by registered mail to Lessor by the insurance company, and that Lessor shall not be required to pay any
<br />premiums for insurance. Any insurance policy required and procured by Lessee shall contain an express
<br />waiver of any rights of subrogation by the insurance company against the Lessor. A copy of insurance
<br />policy or a certificate of insurance shall be delivered by Lessee to Lessor within ten (10) days of the
<br />execution of this Agreement. The minimum limits of any insurance coverage required shall not limit
<br />Lessee's liability under Part Xl of this Agreement.
<br />
<br />Xl. INDEMNIFICATION
<br />
<br /> Lessee agrees to indemnify, defend and hold harmless Lessor, its officers and employees, from
<br />all damages, claims, losses, demands, suits, judgments, and costs, including reasonable attorney's fees,
<br />and expenses arising out of or resulting from the use of the demised premises for agricultural purposes
<br />by Lessee, regardless of whether it is caused in part by Lessor or its officers or employees.
<br />
<br />Xll. CONSERVATION PRACTICES
<br />
<br /> Lessee agrees to operate all of the lands described by this Agreement in such a manner as to
<br />preserve, maintain and improve the structure and fertility of the soil by using only farming practices
<br />recommended by the Soil Conservation Service of the United States Department of Agriculture or some
<br />other governmental agency of equal stature. Fields will be kept clean at the end of the normal growing
<br />season and no crop shall be left in the field so as to lead to the infestation of birds.
<br />
<br /> Xlll.
<br />ENVIRONMENTAL HAZARDS
<br />
<br /> A. Lessee shall not cause or permit any Hazardous Substance to be used, stored, generated or
<br />disposed of on or in the demised premises by Lessee, Lessee's agents, employees, contractors or
<br />invitees, without first obtaining Lessor's written consent. If Hazardous Substances are used, stored,
<br />generated or disposed of on or in the demised premises except as permitted above, or the demised
<br />premises become contaminated in any manner for which Lessee is legally liable, Lessee shall indemnify
<br />and hold harmless Lessor from any and all claims, damages, fines, judgments, penalties, costs, liabilities
<br />or 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 the
<br />land, and any and all sums paid for settlement of claims, attorneys' fees, consultant and expert fees,
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