consent of the Lessor. Consent to such sub-lease or transfer may be given by Lessor only if the
<br />third party agrees, in writing, to accept and abide by all of the provisions of this Lease.
<br />
<br />6. DEFAULT AND/OR RECAPTURE
<br />
<br /> In the event either party should violate any term or provision of this Lease, the party not in
<br />default shall give the defaulting party notice, and if such default complained of shall, in fact,
<br />constitute default, and unless the same is not corrected within fifteen (t5) days after the date of
<br />receipt of such written notice, then the party not in default shall have the option to terminate this
<br />Lease, and in the event of such termination, Lessee shall return the Leased Premises to Lessor in
<br />as good a condition as it was at the beginning of this Lease except for any changes brought about
<br />by weather conditions, harvesting of crops and other conditions beyond Lessee's control. In the
<br />event Lessor terminates this Lease under the provisions of this paragraph, Lessor shall account to
<br />Lessee for the fair market value, as determined by the Lessor, of any agricultural products growing
<br />at the time of such termination less any damages or expenses incurred by Lessor in tending,
<br />harvesting and marketing same, such accounting to occur at the time any such crops are marketed,
<br />and Lessor agrees to market crops as promptly as it can reasonably be done. Lessor shall have,
<br />and is given and granted, a first and superior lien upon all agricultural crops raised and produced
<br />on the premises, to secure the payment and performance of all obligations to be paid and/or
<br />performed by Lessee. It is further understood and agreed that Lessor may, with sixty (60) days
<br />notice in writing to Lessee, terminate this Lease in respect to any part of the Leased Premises to
<br />be devoted to higher valued, non-agricultural uses. Upon termination of this Lease as to any part
<br />of the Leased Premises for any reason other than default by Lessee, Lessee shall be reimbursed
<br />for that portion of the annual rent paid which corresponds to the percentage of the annual period
<br />for which the Lease was terminated multiplied by the product of the number of acres as to which the
<br />Lease was terminated and the proportional annual cash rent (as determined by Section 4 of this
<br />Lease). Lessee shall also be reimbursed for any loss suffered, such as loss of standing crops other
<br />than grasses, or loss of fences or other improvements, from such a termination of the Lease by
<br />Lessor,
<br />
<br />7. INSURANCE
<br />
<br /> Lessee shall maintain at its own cost and expense public liability insurance on an
<br />occurrence basis with minimum limits of liability in an amount of $100,000.00 for bodily injury,
<br />personal injury or death to any one person and up to $300,000.00 for all injuries arising out of each
<br />such occurrence, and $100,000.00 for damage to property. Such insurance policy shall contain the
<br />endorsement that insurance may not be cancelled or amended with respect to Lessee without thirty
<br />(30) days written notice by registered mail to Lessor by the insurance company, and that Lessor
<br />shall not be required to pay any premiums for insurance. Any insurance policy required and
<br />procured by Lessee shall contain an express waiver of any rights of subrogation by the insurance
<br />company against the Lessor. A copy of insurance policy or a certificate of insurance shall be
<br />delivered by Lessee to Lessor within ten (10) days of the execution of this Lease. The minimum
<br />limits of any insurance coverage required shall not limit Lessee's liability under Section 8 of this
<br />Lease.
<br />
<br />8, INDEIV1NIFICATION
<br />
<br /> Lessee agrees to indemnify, defend and hold harmless Lessor, its officers and employees,
<br />from all damages, claims, losses, demands, suits, judgments, and costs, including reasonable
<br />attorney's fees, and expenses arising out of or resulting from the use of the Leased Premises for
<br />agricultural purposes by Lessee, regardless of whether it is caused in part by Lessor or its officers
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