Loading...
HomeMy WebLinkAbout2226 economically efficient and husband-like manner; (b) the purchase, lease or rental of the equipment 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 f rove (and the Common Property) and reflecting all transactions in connection therewith. The Owner shall have access'to his Grove (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; Qperator 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. S. Operator shall have the complete and irrevocable power and authority, exercisable in its discretion, to enter into any and all appropriate labor, material, rental, construc- 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-- cable power and authority, exercisable in its sole and complete r F 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 t shall be the limit of the liability of Operator, and Operator (or any of its officers and/or stockholders and/or directors) i shall not be liable to Owner for any act done or omitted to be F done in the performance of any of the provisions of this agree- F i . ment, except in the instance of an act of bad faith, gross i g F, negligence or willful misconduct. Operator shall not be liable ~ L to Owner for any failure to perform or for any loss caused by ( ~ - ' -3- - ~ P~~4 - p~_ ~ ~ ti