HomeMy WebLinkAbout2240 economically efficient and husband-like manner; (b) the purchase,
• lease or rental of the equipment necessary to operate and
maintain the Oirner's grove; (c) supervising drainage, irrigation
and eater control matters, including the Coaon Property.
• 4. Operator will at all times maintain and keep
customary books and records pertaining to the Grove -(and the
Coaon Property) and reflecting all transactions in connection
thererith. The Orner shall have .access to his Grove (and to
the Coaon 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 rill furnish the Orner with
monthly financial statements and any other information that
may be reasonably requested pertaining to his grove and the
Coaon Property.
5. Operator shall have the complete and irrevocable
porer and authority, exercisable in its discretion, ,to enter
into any and all appropriate labor, material, rental, construc-
tion or other agreements that it may dee¦ reasonable, appropriate
and necessary to carry out the purposes, ter®s and conditions
~ hereof. Operator shall further have the co~+plete and irrevo-
cable porer and authority, exercisable in its sole and complete
r
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 dee¦ 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
(or any of its officers and/or stockholders and/or directors)
shall not be liable to Orner for any act done or omitted to be
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done in the performance of any of the provisions of this agree-
s
} sent, except in the instance of an act of bad faith, gross
negligence or rillful misconduct. Operator shall not be liable
to Orner for any failure to perform or for any loss caused by
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