HomeMy WebLinkAbout2114 economically efficient and hust~.~nd-like manner; (b) tl~e purci~ase,
lease or rental of the equipme~?t necessary to operate and
maintain the Owner's grove; (c) supervising drainage, irrigation
and water control matters, including the Common Property.
4. Operator will at all times maintain and keep
customary books and records pertaining to the Crove (and the
Common Property) and reflecting all transactions in connection
therewith. The Owner shall have access to his Crove (and to~
the Common Property) at all times to inspect and observe any
operations thereon and shall have access at all reasonable
times to all information pertaining_to the development or
operation thereof; Operator will furnish the Owner with
monthly financial statements and any other information that
may be reasonably requested pertaining to his grove and the
Common Property.
5. Operator shall have the complete and irrevocable
power and authority, exercisable in its discretion, to enter
into any and all appropriate labor, material, rental, construe-
tion or other agreements that it may deem reasonable, appropriate
and necessary to carry-out the purposes, terms and conditions
hereof. Operator shall further have the complete and irrevo-
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cable power and authority, exercisable in its sole and complete
discretion, to determine the need for, purchase and obtain all
~ types of insurance, including public liability, workmen's
compensation and federal risk ("crop") insurance, ~in any,
~ amounts it may deem reasonable, appropriate and necessary to
carry out the purposes, terms and conditions of this agreement.
~ The judgment and discretion of Operator exercised in good faith
shall be the limit of the liability of Operator, and Operator
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(or any of its officers and/or stockholders and/or directors).
shall not be liable to Owner for any act done or omitted to be
done in the performance of any of the provisions of this agree-
ment, except in the instance of an act of bad faith, gross
negligence or willful misconduct. Operator shall not be liable
to Owner for any failure to perform or for any loss caused by
s.
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