Land Use Agreement Form

LAND USE AGREEMENT

This Land Use Agreement ("Agreement") is made as of Effective Date: by and between Landowner Name: (hereinafter "Landowner") and User/Lessee Name: (hereinafter "User"). The Landowner and User are collectively referred to as the Parties.

RECITALS

WHEREAS, Landowner is the fee simple owner of certain real property described as: and further legally described as:

WHEREAS, User desires to utilize a portion of the property for the purposes set forth in this Agreement and Landowner is willing to permit such use subject to the terms and conditions of this Agreement.

WHEREAS, the Parties intend by this Agreement to define the scope of permitted use, allocate operational responsibilities, and establish remedies for noncompliance.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the following meanings: "Land" means the real property described above; "Permitted Use" means the activity described in Section 4; "Term" means the period described in Section 3; "Environmental Claim" means any claim arising from contamination, release or threatened release of hazardous substances.

2. GRANT OF USE

Subject to the terms and conditions of this Agreement, Landowner hereby grants to User a non-exclusive license to use the Land solely for the Permitted Use described in Section 4. This license is limited to the area described in the property legal description or as otherwise delineated in any attached exhibit, and does not convey any interest in fee simple ownership.

3. TERM

The initial Term of this Agreement shall commence on Start Date: and shall expire on End Date: , unless earlier terminated in accordance with this Agreement. Renewal provisions, if any, shall be as follows:

4. PERMITTED USE

5. FEES AND PAYMENT

In consideration for the license granted herein, User shall pay Landowner the Fee: $ in accordance with the Payment Schedule: . All payments shall be made to Landowner at the address specified in Section 13 or at such other place as Landowner may designate in writing. Late payments shall accrue interest at the lesser of 1.5% per month or the maximum permitted by law.

6. TAXES, ASSESSMENTS AND UTILITIES

Unless otherwise expressly agreed, User shall be responsible for all taxes, assessments, fees, and charges arising from User's use of the Land, including utility charges, permitting fees, and any special assessments attributable to User's activities. Allocation of tax responsibility:

7. COMPLIANCE WITH LAWS; ENVIRONMENTAL MATTERS

User shall, at its sole cost and expense, obtain and maintain all permits and approvals required for the Permitted Use and shall comply with all applicable federal, state and local laws, ordinances, regulations and codes. User shall not store, discharge or dispose of Hazardous Materials on the Land except in strict compliance with applicable law. User shall promptly notify Landowner of any environmental condition or Environmental Claim affecting the Land of which User becomes aware.

User shall indemnify, defend and hold Landowner harmless from and against any and all losses, liabilities, claims, demands, damages, costs and expenses (including reasonable attorneys' fees) arising out of or resulting from User's breach of this Section or from User's use of Hazardous Materials, except to the extent caused by Landowner's gross negligence or willful misconduct.

8. MAINTENANCE, REPAIRS AND RESTORATION

User shall at its expense maintain the portion of the Land used by User in good order and condition, shall perform necessary repairs, and shall, upon expiration or termination of this Agreement, remove User's equipment and improvements and restore the Land to substantially the condition existing at commencement, normal wear and tear excepted, unless the Parties otherwise agree in writing.

9. INSURANCE

During the Term, User shall procure and maintain, at User's expense, insurance coverage including commercial general liability with limits of not less than: naming Landowner as an additional insured as reasonably required by Landowner. User shall provide certificates evidencing such coverage upon request.

10. INDEMNITY

To the fullest extent permitted by law, User shall indemnify, defend and hold Landowner, its affiliates, officers, directors and agents harmless from and against any claims, liabilities, damages, losses and expenses (including attorneys' fees) arising out of or in connection with User's use of the Land, User's negligence or willful misconduct, or User's breach of this Agreement.

11. DEFAULT; REMEDIES

A Party shall be in default if it materially breaches any obligation under this Agreement and fails to cure such breach within Thirty (30) days after written notice, provided that where a cure cannot reasonably be completed within such period, the breaching Party shall have a reasonable period to cure if it commences cure promptly and prosecutes diligently. Remedies for default shall include termination, recovery of damages, injunctive relief and any other remedies available at law or in equity.

12. ASSIGNMENT AND SUBLETTING

User shall not assign, encumber, transfer or sublicense any of its rights under this Agreement or permit usage by third parties without Landowner's prior written consent, which shall not be unreasonably withheld where the proposed assignee demonstrates financial and operational capability to perform User's obligations.

13. NOTICES

Landowner Notice Address:

User Notice Address:

14. AMENDMENTS; WAIVER

Any amendment or modification to this Agreement must be in writing and signed by both Parties. No failure or delay by either Party in exercising any right shall operate as a waiver of that right, nor shall any single or partial exercise preclude other exercises.

15. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles.

16. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, agreements and understandings, whether written or oral.

17. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision and this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained herein.

18. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures provided by electronic means shall be valid and binding.

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