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4.4. MAINTENANCE AND REPAIR. Tenant shall perform and pay for all routine <br />maintenance to the irrigation system and property Tenant has the right to use. Any major repairs to or <br />replacement of equipment, such as pump panels, pumps, wheel line or main lines, shall be paid for by <br />Landlord. Any capital improvements over $5,000 must be consented to by Landlord in writing prior to <br />Tenant incurring said capital improvements. Tenant shall pay for and/or Tenant shall physically spray <br />weeds growing on the Landlord's property during the lease term. <br />5. FENCES. Landlord shall maintain all fences presently situated on the Leased Property in <br />good order and condition throughout the term of this Lease and return the same to Landlord at the <br />termination of this Lease in as good a condition as the same were on the date of commencement of this <br />Lease, reasonable wear and tear, use and acts of God excepted. <br />6. RETURN OF THE PROPERTY. At the termination of this Lease, Tenant shall return <br />the Property to Landlord in as good a condition as the same was at the time Tenant took possession <br />hereunder, natural deterioration, depreciation, reasonable wear and tear due to use, occupancy, farming <br />and acts of God excepted. <br />7. CONDITION OF THE PROPERTY. Tenant agrees that Tenant has inspected the <br />Property and relies solely on such inspection as the basis for entering into this Lease, and not on any <br />statement or representation of Landlord or anyone on Landlord's behalf. Tenant agrees that the Property, <br />including improvements or equipment provided by Landlord, is suitable for all the uses and purposes of <br />Tenant. There are no agreements between Landlord and Tenant respecting the repair, alteration or <br />improvement of all or any portion of the Property by Landlord unless the agreement relied on is in writing <br />in other paragraphs of this Lease or attached hereto. <br />8. PEACEFULLY HOLD. Landlord hereby covenants that upon Tenant paying the rent <br />hereby reserved and observing and performing several covenants herein contained, Tenant shall, unless <br />otherwise provided herein, peacefully hold and enjoy the Property during the term of this Lease. <br />9. WASTE. Tenant agrees not to commit spoil or waste on any of the Property and to <br />surrender peaceful possession thereof at the termination of this Lease in a clean and neat condition, free <br />and clear of all refuse and debris. <br />10. INDEMNITY AND INSURANCE. Tenant shall defend, indemnify and hold Landlord <br />harmless from all expenses, claims, liability and damages to persons or property, including property of <br />Tenant, from any cause whatsoever arising out of or in connection with the use, operation and/or <br />occupation of the Property by Tenant, including any property of Tenant: and shall procure and keep in full <br />force during the term of this Lease a policy or policies of public and farm operations liability and property <br />damage insurance in amounts reasonably adequate to indemnify and protect Tenant and Landlord from <br />Page 2 of 8 <br />