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hazardous, toxic or infectious materials and /or waste. Licensee will indemnify and hold Licensor, its
<br />directors, officers, agents and employees, and its successors and assigns, harmless from any and all
<br />claims, loss, damage, actions, causes of action, expenses and /or liability arising from leaks of, spills
<br />of, and /or contamination by or from hazardous materials as defined by applicable laws or regulations,
<br />which may occur during and after the Agreement term, and are attributable to the actions of, or failure
<br />to act by, Licensee or any person claiming under Licensee.
<br />15. Signs: Licensee must obtain written approval from Licensor prior to the construction
<br />or placement of any sign, signboard or other form of outdoor advertising. Licensee shall within three
<br />(3) days from the date on which the Licensee becomes aware of the graffiti remove any signs containing
<br />graffiti or shall otherwise remove such graffiti from the signs in a manner reasonably acceptable to
<br />Licensor. Licensee shall not advertise on any Sign any product, service, or good which is offensive to
<br />the public or which Licensor, in its reasonable discretion, deems objectionable.
<br />16. Fencing: Licensee may install fencing on the Property with prior written approval from
<br />Licensor. Such fencing will include double drive gates, a minimum of twenty (20) feet in width,
<br />designed to accommodate Licensor's locks, in locations specified by Licensor. Licensee will ground
<br />and maintain all fencing in a manner acceptable to Licensor.
<br />17. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent
<br />to the Property free of weeds, brush, rubbish and debris. Licensee will maintain parkways on the
<br />Property and provide landscaping that is compatible with adjoining properties and that is satisfactory
<br />to Licensor.
<br />18. Irrigation Equipment: Any irrigation equipment located on the Property prior to the
<br />commencement of this Agreement, including but not limited to pipelines, well pumping equipment and
<br />other structures, is the property of Licensor and will remain on and be surrendered with the Property
<br />upon termination of this Agreement. Should Licensee desire to use the irrigation equipment, Licensee
<br />will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense.
<br />19. Underground and Above - Ground Tanks: Licensee will not install underground or
<br />above - ground storage tanks, as defined by any and all applicable laws or regulations, without
<br />Licensor's prior written approval.
<br />20. Underground Facilities: Any underground facilities installed or maintained by Licensee
<br />on the Property must have a minimum cover of three feet from the top of the facility and be capable of
<br />withstanding a gross load of forty (40) tons on a three -axle vehicle. Licensee will comp?-_t any earth
<br />excavated to a compaction of ninety percent (90 %). Licensee will relocate its facilities at its own
<br />expense so as not to interfere with Licensor's proposed facilities.
<br />21. Utilities: Licensee will pay all charges and assessments for, or in connection with,
<br />water, electric current or other utilities which may be furnished to or used on the Property.
<br />22. Taxes, Assessments and Liens: Licensee will pay all taxes and assessments which may
<br />be levied upon any crops, personal property, and improvements, including but not limited to,
<br />buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens,
<br />including but not limited to, mechanics liens and encumbrances by reason of use or occupancy by
<br />Licensee, or any person claiming under Licensee. If Licensee fails to pay the above - mentioned taxes,
<br />assessments or liens when due, Licensor will have the right to pay the same and charge the amount to
<br />the Licensee. All accounts not paid within 30 days of the agreed upon due date will be charged a 'late
<br />fee" on all amounts outstanding up to the maximum rate allowed by law.
<br />SO
<br />11.20.2012_V9.1
<br />Initial (00 )/(
<br />Licensor /Licensee
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