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HomeMy WebLinkAbout2241 strikes, riots, fires or tornadoes, frost, floods, Acts of Gad, 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. 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) i 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). (a) This is intended to cover costs and expenses such as labor, husbandry, taxes, assessments, insurance, water control methods, mort a e g g payments and maintenance costs, legal and accounting fees, office costs and overhead, material and equipment purchase, rental and maintenance, Operator's r compensation and all miscellaneous costs. 8. (a) Operator will pay from funds on hand to the f credit of Owner, his pro rata share of the previous month's maintenance costs and Operator's fee. If the Owner's funds on -4- cc~~cc~~ i BOCK JJJ P1GE~ -a x~- ~ - _