HomeMy WebLinkAbout2143 strikes, riots, fires or tornadoes, 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 authorized to
pledge fruit income to secure any such loans.
1. 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
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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
Operator his aliquot share of all costs,~expenses and liabilit ies
accruing or resulting from the maintenance and operation of the
~ Grove (and the Common Property).
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(a) This is intended to cover costs and expenses
~ such as labor, husbandry, taxes, assessments, insurance, water
control methods, mortgage payments avd maintenance costs, legal
and accounting fees, office costs an d. overhead, material and
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equipment purchase, rental and maintenance, Operator's
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compensation and all miscellaneous costs.
8. (a) Operator will pay from funds on hand to the
credit of Owner, his pro rata share of the previous month's
maintenance costs and Operator's fee.. If the Owner's funds on
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