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provided that, if the Tenant has planted crops on the Leased Property, the Tenant shall be entitled
to, within a reasonable period of time after termination of this Lease, re-enter upon the Leased
Property to harvest such crops,
and the Tenant shall pay to the Landlord forthwith upon demand all expenses of the Landlord in
re-entering, terminating, re-letting, collecting sums due or payable by the Tenant or realizing
upon assets seized including tenant inducements, leasing commissions, legal fees on a solicitor
and client basis and all disbursements and the expense of keeping the Leased Property in good
order, and preparing the same for re-letting.
8.3 Compensation by the Landlord
(a) In the event of early termination pursuant to Section 8.1 of this Lease, the Landlord
agrees to compensate the Tenant for certain of the Tenant’s investments into the Leased
Property as follows:
(i) Manure and dry fertilizer. To reimburse the Tenant for the cost of fertilizers
and their application if written notice of termination was given after application.
The Tenant will be reimbursed the full cost in the event that the lease is
terminated before a cropping season’s use of the investment in fertility, and one
third (1/3) of the cost in the case of terminating before a second cropping
season’s use of the investment.
(ii) Cover crops. To reimburse the Tenant for the full cost of cover crop seed and
application if written notice of termination was given after cover crop seeding,
but before a cropping season’s use of the benefits.
(iii) Subsurface drainage tiling or other structural improvements. Provided that
The Tenant was given written consent by the Landlord to complete subsurface
drainage tiling or other structural improvements, the Landlord agrees to
reimburse the Tenant for the cost of said improvements as follows:
(A) In the event that this Lease is terminated during the same twelve (12)
month period in which the improvements were completed, the Tenant
shall be reimbursed for 100% of the cost; and,
(B) During each subsequent year after the improvements have been
completed, the amount for reimbursement shall decrease by 10% until
the end of the tenth (10
th
) year after the improvements have been
completed, upon which the Landlord shall no longer be required to
reimburse the Tenant. [For example, if this Lease is terminated prior
to the fourth (4
th
) year after the improvements have been completed,
the Landlord will be required to reimburse the Tenant for 70% of
the cost]
[NTD: The below provision commits the Tenant to compensating the Landlord for any harm, liability,
or loss arising out of the agreement between them. If preferred, it may be modified by limiting the
indemnity of the Tenant to a certain dollar amount.]
9. INDEMNITY
9.1 The Tenant shall indemnify and save harmless the Landlord and its agents and employees
from any and all liabilities, damages, costs, claims, suits or actions growing or arising out of: