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strikes, riots, fires or tornaclc?~s, frost, floods, Acts of God,
inability to obtain labor, materials or facilities, or any other
cause, whether of like character or not, beyond the control of
Operator, which the exercise of reasonable diligence could not
avoid.
6. The Operator may borrow funds from commercial
banks or other lending institutions, including Production Credit
Association, for the following purposes:
(a) To finance the purchase of necessary equipment
and to construct necessary barns and other structures and for
such purpose may pledge or encumber such equipment, buildings
and the like as security for such loans.
(b) To finance production costs on the Owner's
grove.
For this purpose the Operator shall be authori2ed to
pledge fruit income to secure any such loans.
7. All costs, expenses and liabilities accruing or
.resulting from the operation of the Owner's grove (and of the
Common Property) pursuant to this agreement shall be borne and
paid by the Owner in the proportion that the acres in his grove
bear to the total number of acres in the Grove.
As more specifically set forth in paragraph 8(a)
hereof, the Owner agrees to pay promptly, upon call, to
I Operator his aliquot share of all costs,~expenses and liabilities
accruing or resulting from the maintenance and operation of the
Grove (and the Common Property).
i
(a) This is intended to cover costs and expenses
such as labor, husbandry, taxes, assesss~ents, insurance, water
control methods, mortgage payments and maintenance costs, legal
and accounting fees, office costs and overhead, material and
equipment purchase, rental and maintenance, Operator's
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compensation and all miscellaneous costs.
j 8. (a) Operator will pay from funds on hand to the r
credit of Owner, his pro rata share of the previous month's
' h wner's funds on
maintenance costs and Operator s fee. If t e 0
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