Miscellaneous Roaming Goat Agreement

MISCELLANEOUS ROAMING GOAT AGREEMENT

Parties

Owner Name:

Herd Provider Name:

Recitals

WHEREAS, Owner is the lawful possessor of the property located at (the "Property"); and

WHEREAS, Provider is engaged in the business of supplying, managing and caring for goats for agricultural vegetation control and related services; and

WHEREAS, Owner desires to engage Provider to permit roaming/grazing of goats on the Property under the terms and conditions set forth in this Agreement, and Provider agrees to provide such services.

Scope of Work

Number of Goats Assigned:   Estimated Grazing Area: acres

Provider shall supply appropriate fencing, herd rotation, water, routine veterinary care, and daily supervision necessary to maintain animal health and to accomplish vegetation control consistent with accepted animal husbandry practices. Provider will not use goats for any activity beyond the scope described without prior written consent of Owner.

Payment Terms

All payments due under this Agreement are non-transferable. Provider may suspend services if payments are more than days overdue after notice. Provider is entitled to recover reasonable collection costs, including attorneys' fees, for unpaid balances.

Term and Termination

Commencement Date:   Term End Date:

Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. Termination for material breach may be immediate if the breaching party fails to cure within a commercially reasonable cure period not to exceed 10 days after written notice.

Confidentiality

Each party shall keep confidential all non-public information disclosed by the other party that is identified as confidential or that, by its nature, should reasonably be considered confidential. Confidential information shall not include information that (a) is or becomes publicly known through no breach of this Agreement, (b) is received from a third party without restriction, or (c) is independently developed without use of the other party's confidential information.

The receiving party shall use confidential information solely to perform its obligations under this Agreement and shall take reasonable measures to protect such information from unauthorized disclosure, not less than those it uses to protect its own confidential information of similar importance.

Insurance; Indemnification; Liability

Provider shall maintain, at its expense, commercial general liability insurance and animal mortality/health coverage sufficient for the services to be performed and shall provide proof of insurance upon Owner's request. Provider is solely responsible for care of the animals, including veterinary treatment, and shall promptly notify Owner of any illness, injury or death.

Provider indemnifies, defends and holds harmless Owner from and against any claims, losses, liabilities or expenses (including reasonable attorneys' fees) arising from Provider's negligence, willful misconduct, or failure to maintain required insurance. Owner shall indemnify Provider for claims arising from Owner's negligence or willful misconduct, including unsafe property conditions of which Owner had notice and failed to remedy.

Except for indemnification obligations and breaches of confidentiality, neither party shall be liable to the other for incidental, consequential or punitive damages.

Access, Property Condition, Animal Care

Owner shall provide Provider reasonable access to the Property for ingress and egress and shall disclose known hazards, utilities, and any environmental restrictions. Owner is responsible for securing any gates or perimeter access that would otherwise allow animals to escape unrelated to Provider's negligence.

Provider shall exercise best practices for animal welfare, provide shelter and water, and shall return the Property and animals in substantially the same condition as existed at commencement, ordinary wear and grazing excepted. Provider will repair damage caused by the herd beyond normal grazing impact within a reasonable time at Provider's expense.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. The parties agree to attempt to resolve disputes by good faith negotiation prior to instituting formal legal proceedings. If litigation is necessary, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

Entire Agreement; Amendments

This Agreement, including any attachments and written statements incorporated by reference, constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior agreements, representations, and understandings, whether written or oral. No amendment or modification shall be effective unless in writing and signed by both parties.

Representations and Warranties

Each party represents and warrants that it has the full power and authority to enter into this Agreement and to perform its obligations hereunder. Provider represents that it is experienced in the care and management of goats and will perform services in a professional manner consistent with industry standards.

Acknowledgements

Owner acknowledges that grazing carries inherent risks, including but not limited to escape, wildlife interaction, and injury to animals. Owner assumes such risks except where caused by Provider's negligence or willful misconduct.

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