Agricultural Farm Agreement

AGRICULTURAL FARM AGREEMENT

Parties

Recitals

WHEREAS, Owner is the legal owner of the real property and associated improvements described as: Parcel Description: (the "Premises"), containing approximately acres; and

WHEREAS, Owner desires to grant to Operator the right to use the Premises for agricultural purposes under the terms and conditions set forth in this Agreement; and

WHEREAS, Operator represents that Operator has the experience, personnel, and equipment to perform the agricultural operations described below and will operate in a good and workmanlike manner in accordance with applicable law and sound agricultural practices.

Scope of Work

Operator shall perform the agricultural operations described below on the Premises. Operations may include cultivation, planting, fertilizing, pest control, irrigation, harvesting, storage and transport of crops, and routine maintenance of fields and fences, subject to the limitations and conditions of this Agreement.

Payment Terms

In consideration for the rights granted and services rendered, Owner shall pay Operator as follows:

All payments shall be made to Operator at the address specified above unless otherwise directed in writing. Owner shall be responsible for payment of all agreed sums and timely remittance; any withheld payments must be supported by written notice specifying the basis for withholding.

Term and Termination

This Agreement begins on and remains in effect until , unless earlier terminated as provided herein.

Either party may terminate this Agreement for cause upon material breach by the other party if such breach is not cured within the notice period specified above. Owner may also terminate for Operator's failure to maintain required insurance or to correct activities that create an imminent environmental or safety hazard.

Confidentiality

During the Term and for a period of three (3) years thereafter, each party shall keep confidential and shall not disclose to third parties any non-public business, financial, technical or proprietary information of the other party disclosed in connection with this Agreement, except as reasonably required to perform obligations hereunder, to comply with law, or as otherwise agreed in writing. Confidential information does not include information that becomes publicly available through no fault of the receiving party.

Insurance, Indemnity and Compliance

Operator shall, at Operator's expense, maintain at all times during the Term commercial general liability insurance with limits not less than per occurrence and workers' compensation as required by law. Operator shall name Owner as an additional insured with respect to operations under this Agreement when requested in writing.

Operator shall indemnify, defend and hold harmless Owner from and against any and all claims, losses, liabilities, damages and expenses (including reasonable attorneys' fees) arising out of Operator's acts or omissions in performance of this Agreement, except to the extent caused by Owner's gross negligence or willful misconduct.

Both parties shall comply with all applicable federal, state and local laws and regulations, including environmental and pesticide use laws. Operator shall maintain records of pesticide and fertilizer applications and shall provide copies to Owner upon reasonable request.

Use of Improvements and Improvements by Operator

Operator shall not make permanent structural improvements or alter the drainage, irrigation infrastructure, or building structures on the Premises without prior written consent of Owner. Any improvements made by Operator that are intended to remain on the Premises shall be installed in a workmanlike manner and may become the property of Owner unless otherwise agreed in writing; upon termination, parties will account for the value of any such improvements.

Taxes, Assessments and Utilities

Owner shall remain responsible for real property taxes and assessments unless otherwise agreed herein. Operator shall reimburse Owner for any special assessments or fees directly attributable to Operator's activities on the Premises if so agreed in writing. Operator shall be responsible for charges for utilities consumed by Operator's operations unless the parties agree otherwise in writing.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered personally, by certified mail (return receipt requested), or by overnight courier to the addresses set forth above or to such other address as either party designates in writing.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the state selected by the parties: . Any dispute arising under this Agreement shall be resolved first by good faith negotiation, and if unsuccessful, by binding arbitration conducted in the county where the Premises are located, unless the parties agree otherwise in writing.

Entire Agreement; Amendment

This Agreement, including any exhibits or addenda signed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and negotiations, whether written or oral. This Agreement may be amended only by a written instrument signed by both parties.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and the parties shall negotiate in good faith to replace the invalid provision with a valid provision that achieves the original intent as closely as possible.

Acknowledgment

Each party represents and warrants that it has the authority to enter into this Agreement, that the person signing below is authorized to bind the party, and that no other consents or approvals are required to make this Agreement effective.

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