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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 <br /> <br />2 <br /> <br /> <br />