Grazing Lease Agreement Red Gap Ranch

Lease of Land for Pasturage and Grazing

Lease agreement made effective as of the (date), between of , referred to herein as Lessor, and , a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as Lessee.

Whereas, Lessee has certain animals for which Lessee desires to have certain grazing and pasturage rights; and

Whereas, Lessor has certain land that would be appropriate for the grazing and pasturage of Lessee's animals;

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Property and Term

A. Lessor leases to Lessee the premises of Lessor located at , hereinafter called Premises, and more particularly described as follows:

(legal description)

B. This Lease shall commence on the above-stated effective date and shall be for a term of years, or until terminated as provided in this Lease Agreement, on the terms and conditions set forth in this Agreement.

2. Rental

Lessee shall pay rental to Lessor commencing , at the rate of per year, or fraction of a year if this Lease is terminated as set forth below in this Agreement, payable in equal (e.g., monthly) installments in advance, during the entire term of this Lease Agreement, at , or to such other address as Lessor shall specify in writing to Lessee.

3. Use of Land

A. The Premises shall be used by Lessee solely and exclusively for the pasturage and grazing of .

B. At no time shall the number of pastured exceed .

C. Lessee shall not permit others to use the Premises for pasturage, nor permit Lessee's to graze or run at large over lands belonging to Lessor not under lease to Lessee.

4. Construction of Structures

Lessee shall not build structures of any character upon the Premises without the prior, express, and written consent of Lessor, except as provided in Section Six of this Lease Agreement.

5. Removal of Fences

Lessee shall not remove or relocate any fences that are on the Premises at the commencement of this Lease without the prior, express, and written consent of Lessor.

6. Building of Fences

A. Lessee shall, at his own expense, build fences and gates that are sound, stockproof, and in compliance with all applicable laws, enclosing the Premises, and shall keep such fences and gates in good repair to the satisfaction of Lessor.

B. At the termination of this Lease Agreement, Lessee (i.e., shall or shall not) remove such fences built by Lessee.

7. Labor and Materials

Lessee shall fully pay for all materials joined or affixed to the Premises pursuant to this Lease and pay in full all persons who perform labor on the Premises, and will not permit or suffer any mechanics' liens or material suppliers' liens of any kind or nature to be enforced against the Premises for any work done or materials furnished on the Premises at Lessee's instance or request.

8. Indemnification

Lessee shall indemnify Lessor from and against any and all liability, cost, and expense for loss of or damage to Premises, and for injuries to or deaths of persons arising directly or indirectly from the use of the Premises by Lessee.

9. Termination

Notwithstanding the foregoing, and anything herein to the contrary, this Lease may be terminated by either party on days' written notice delivered to the other party at the above listed address of each party.

10. Surrender of Premises

Lessee shall, at the termination of this Lease Agreement, vacate the Premises, leaving them in the same condition they were in at the time of his entry on such Premises under this Agreement, except for reasonable use and wear, acts of God, or damage by causes beyond the control of Lessee, and upon vacating shall leave the Premises free and clear of all significant rubbish and debris.

11. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

12. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

13. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

14. Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

15. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

16. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

17. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

18. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

19. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

WITNESS our signatures as of the day and date first above stated.

STATE OF

COUNTY OF

Personally appeared before me, the undersigned authority in and for said County and State, on this (Date), within my jurisdiction, the within named , who acknowledged that he is the , a corporation, and that he/she executed the above and foregoing instrument for and on behalf of said corporation, after being duly authorized so to do.

__________________________________________

NOTARY PUBLIC

My Commission Expires:

STATE OF

COUNTY OF

Personally appeared before me, the undersigned authority in and for the said County and State, on this (Date), within my jurisdiction, the within-named , who acknowledged that he executed the above and foregoing instrument.

__________________________________________

NOTARY PUBLIC

My Commission Expires:

(Form of acknowledgement/oath will vary from state to state)