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• Tenant promises and agrees not to leave its sprinkler system across said Access <br /> Easement other that at the times that it is actively irrigating Tenant's property <br /> located in the SW/4 of Section 33, Township 8 North, Range 52 West of the Sixth <br /> Principal Meridian, Logan County, Colorado. <br /> • Following harvest in the final year of this Agreement, Tenant shall not perform <br /> any farming operations on the Property that could be construed as preparing the <br /> Property for the following year for which the Tenant would expect to be <br /> compensated or which activity could and/or would be deemed a carryover <br /> operation into the next crop year. <br /> • No work, supplies, or materials shall be charged to Landlord or contracted for in <br /> the name of Landlord by Tenant without Landlord's prior written authority to do <br /> SO. <br /> • Tenant acknowledges that it has had ample opportunity to inspect the Property <br /> and that it takes the Property under this Agreement "as-is" and "where-is" with <br /> attendant risks associated therewith, and agrees to take possession of the Property <br /> hereunder subject to the usual hazards attendant to the operation of the Property <br /> and agrees to assume all risk and liability for accidents to Tenant and Tenant's <br /> family, servants, guests, agents,employees, contractors and representatives. <br /> • The taking of possession hereunder by Tenant is conclusive evidence that the <br /> improvements and all fixtures on the Property have been inspected by Tenant and <br /> found to be safe, adequate and suitable for their purpose. Landlord shall not be <br /> liable for, and Tenant hereby waives, renounces,and releases all claims, demands, <br /> and causes of action for, damages to person or property of every kind and <br /> character, sustained or suffered by Tenant or those claiming by, through or under <br /> it, and Tenant shall forever protect, indemnify and save harmless Landlord of and <br /> from all claims, loss, and damage (including attorneys' fees) it may suffer arising <br /> from the operation of the Property. <br /> • Tenant agrees to waive and relinquish all rights from exemption from sale or <br /> seizure under distress or execution that Tenant now has, or may hereafter have,by <br /> virtue of any law exempting personal property from seizure and sale on execution <br /> of distress for rent. Landlord is hereby given power and right to take and seize any <br /> personal property, whether exempt by law or not, and to sell the same or any part <br /> thereof at public or private sale, and with or without notice, in satisfaction of rent <br /> herein agreed to be paid. Tenant shall reimburse Landlord for its costs, attorneys' <br /> fees, and expenses that shall be paid or incurred by Landlord in the enforcement <br /> of this Agreement. <br /> • Tenant shall not assign this Agreement nor sublet the Property, or any part <br /> thereof, without the prior written consent of Landlord thereto; any assignment or <br /> sublease in violation of this provision is void. <br /> • Tenant agrees that it will not store or allow any toxic chemicals or hazardous <br /> wastes to be stored or disposed of on the Property except as permitted by <br /> applicable statutes or regulations. <br /> • Landlord reserves and retains all hunting privileges on the Property. <br /> • Both Landlord and Tenant hereby expressly acknowledge and agree that Tenant, <br /> in the performance of Tenant's duties and obligations pursuant to this Agreement, <br /> is, and shall always remain, an independent contractor. By virtue of such <br /> independent contractor status, both parties agree and intend that Tenant shall not <br /> -3- <br /> V30/2016 9:33 AM <br />