Common use of Compliance of Law Clause in Contracts

Compliance of Law. Tenant shall comply with all requirements of all governmental authorities, in force either now or in the future, affecting the Premises, and shall faithfully observe in its use of the Premises all laws, rules, and regulations of these authorities, in force either now or in the future. The judgment of a court of competent jurisdiction, or Tenant’s admission in an action or a proceeding against it, whether Owner be a party to it or not, that Tenant has violated any law, rule, or regulation in its use of the Premises shall be considered conclusive evidence of that fact as between Owner and Tenant. Provided, however, that if during the term of this Lease a change in, or addition of, law, regulation, or rule by these authorities requires correction or alleviation of naturally occurring conditions, including, but not limited to, weed and pest infestations, and disease conditions, that exist wholly or in part at the start of this Lease, the correction or alleviation shall be performed by Tenant, but its cost shall be borne by both Owner and Tenant a proportion based on the extent to which the conditions required to be corrected exist at the time this Lease starts. If Tenant fails to comply with any such law, regulation, or rule, Owner reserves the right to take necessary remedial measures at Tenant’s expense, for which Tenant agrees to reimburse Owner on demand plus interest at the rate of 8 ½% per annum. Provided, further, that if during the term of this Lease any alteration of or addition to an artificial structure, including, but not limited to, buildings, fences, roads, dikes and ditches, is required to be made to the Premises, or any portion of the Premises, by law, regulation, or rule of one of these authorities, then the following paragraph applies: If the alterations or additions are required as a result of the lack of care or maintenance of those portions of the Premises that Tenant is required by the terms of this Lease to care for and maintain, or as a result of the manner or mode of use of the Premises by Tenant, the alterations or additions shall be made and paid for by Tenant, otherwise by Owner. If Tenant fails to comply with any such law, regulation, or rule, Owner reserves the right to take necessary remedial measures at Tenant’s expense, for which Tenant agrees to reimburse Owner on demand plus interest at the rate of 8 ½% per annum. Tenant shall be responsible for the cost of all fertilizers, herbicides, insecticides, and other required sprays and chemicals necessary for crop production on the Premises during the Lease Term. The application of such fertilizers, herbicides, insecticides, sprays and chemicals shall be in accordance with applicable laws, statutes, ordinances and regulations of all federal, state, county, and city bodies having jurisdiction in such matters. Tenant shall not spray, spread, irrigate, inject, deposit, dispose or otherwise apply under, on or upon the Premises any fertilizers, chemicals, waste products or other substances which are toxic, illegal or otherwise inappropriate for application upon agricultural or horticultural real property. No fertilizer, herbicide, pesticide, poison chemical or similar substance, except those approved by the United States Department of Agriculture, shall be applied by Tenant to the Premises or crops growing thereon. The use of any such substance by Tenant shall be in strict conformity with the manufacturer’s instructions and all governmental regulations respecting the manner and timing of the application. No experimental fertilizer, herbicide, pesticide, poison or other foreign substance shall be applied to the Premises or to the crops growing thereon, except with Owner’s written consent. Tenant shall not use any agricultural chemical or similar substance with a residual effective life longer than the remaining term of this Lease at the time of its application, or of such nature as to prevent the use of the soil for other crops of any type following the term of this Lease unless Owner’s written consent is first obtained. Tenant shall maintain complete and accurate records respecting the time, place, quantity, kind and method of application of all such substances as may be utilized by the Tenant and shall furnish to Owner, upon request, true and correct copies thereof.