Common use of FARMING SERVICES Clause in Contracts

FARMING SERVICES. a. The Managers will perform all farming services that shall be necessary or desirable from time to time in order to provide for the economical growth and yield of the New Orchards in accordance with proven and sound agricultural practices, it being understood and agreed that the obligations and duties to provide farming services, personnel, equipment and the representations and warranties specified in this Section 2, Section 3 and Section 8 shall apply to Ka'u only with respect to the Keaau and Ka'u Orchards and shall apply to Mauna Kea only with respect to the Mauna Kea Orchards. The Managers will perform such services to the best of their skills and abilities, and in a manner consistent with the practices employed by them in the planting, cultivation and harvesting of other macadamia orchards under their management and control. Owner acknowledges that Managers make no guarantee as to the future yields from the New Orchards, and Owner recognizes and assumes the agricultural risks associated with the cultivation and harvesting of macadamia nuts, and the natural risks in the areas (but specifically excluding the environmental risks specified in Section 8), including but not limited to wind, rain, hurricane and volcanic risks. b. Without limiting the generality of the foregoing description of its services, the Managers will perform the following services: The Managers will provide and maintain all necessary or desirable windbreak trees and replacement macadamia trees; the Managers will perform all necessary or desirable cultivation, weed and pest control, irrigation, fertilization, pruning and hedging, replanting, disposal, and related services; the Managers will harvest, transport and husk the nuts from the New Orchards in accordance with proven and sound harvesting practices; and the Managers will deliver the harvested nuts to the processing plant designated by Owner. All of these services will be performed at Owner's expense as set forth herein. c. The Managers will provide such centralized office and other support services and facilities as may be necessary or appropriate in order to provide adequate support for all field operations hereunder, including but not limited to staff management, accounting, purchasing, industrial relations, and engineering, agricultural, garage and warehouse services and facilities. d. The Managers will keep the New Orchards planted with macadamia and appropriate windbreak trees during the entire term of this Contract, and will provide such replacement trees as may be necessary from time to time due to tree damage, illness or mortality. Owner recognizes that, due to unpredictable climatic conditions and agricultural and natural risks, the amount of future tree damage, illness and mortality is uncertain and the Managers give no warranties or guaranties whatsoever concerning the future rates thereof. Replacement trees will be grafted trees of recommended commercial varieties and will be ready for field planting. The cost of replacement trees will be charged to Owner as a direct cost pursuant to Section 5(a) without xxxx-up over the respective Manager's internal cost; no charge will be made for replacement trees if replanting is required because of a Manager's negligence.

FARMING SERVICES. a. The Managers Manager will perform all farming services that shall be necessary or desirable from time to time in order to provide for the economical growth and yield of the New Original June 1986 Orchards assigned to Manager in accordance with proven and sound agricultural practices, it being understood and agreed that the obligations and duties to provide farming services, personnel, equipment and the representations and warranties specified in this Section 2, Section 3 and Section 8 shall apply to Ka'u only with respect to the Keaau and Ka'u Orchards and shall apply to Mauna Kea only with respect to the Mauna Kea Orchards. The Managers Manager will perform such services to the best of their skills its skill and abilitiesability, and in a manner consistent with the practices employed by them it in the planting, cultivation and harvesting of other macadamia orchards under their its management and control. Owner acknowledges that Managers make Manager makes no guarantee as to the future yields from the New Original June 1986 Orchards, and Owner recognizes and assumes the agricultural risks associated with the cultivation and harvesting of macadamia nuts, and the natural risks in the areas (but specifically excluding the environmental risks specified in Section 8)area, including but not limited to wind, rain, hurricane and volcanic risks. b. Without limiting the generality of the foregoing description of its services, Manager will, as to the Managers will Original June 1986 Orchards, perform the following services: The Managers Manager will provide and maintain all necessary or desirable windbreak trees and replacement macadamia trees; the Managers Manager will perform all necessary or desirable cultivation, weed and pest control, irrigation, fertilization, pruning and hedging, replanting, disposal, and related services; the Managers Manager will harvest, transport and husk the nuts from the New Original June 1986 Orchards in accordance with proven and sound harvesting practices; and the Managers Manager will deliver the harvested nuts to the processing plant designated by Owner. All of these services will be performed at Owner's expense as set forth herein. c. The Managers Manager will provide such centralized office and other support services and facilities as may be necessary or appropriate in order to provide adequate support for all field operations hereunder, including but not limited to staff management, accounting, purchasing, industrial relations, and engineering, agricultural, garage and warehouse services and facilities. d. The Managers Manager will keep the New Original June 1986 Orchards planted with macadamia and appropriate windbreak trees during the entire term of this Contract, and will provide such replacement trees as may be necessary from time to time due to tree damage, illness or mortality. Owner recognizes that, due to unpredictable climatic conditions and agricultural and natural risks, the amount of future tree damage, illness and mortality is uncertain and the Managers give Manager gives no warranties or guaranties whatsoever concerning the future rates thereof. Replacement trees will be grafted trees of or recommended commercial varieties and will be ready for field planting. The cost costs of replacement trees will be charged to Owner as a direct cost pursuant to Section 5(a) without xxxx-up over the respective Manager's internal cost; no charge will be made for replacement trees if replanting is required because of a Manager's negligence.

FARMING SERVICES. a. The Managers Manager will perform all farming services that shall be necessary or desirable from time to time in order to provide for the economical growth and yield of the New Orchards Lot X Orchard in accordance with proven and sound agricultural practices, it being understood and agreed that the obligations and duties to provide farming services, personnel, equipment and the representations and warranties specified in this Section 2, Section 3 and Section 8 shall apply to Ka'u only with respect to the Keaau and Ka'u Orchards and shall apply to Mauna Kea only with respect to the Mauna Kea Orchards. The Managers Manager will perform such services to the best of their skills its skill and abilitiesability, and in a manner consistent with the practices employed by them in the planting, cultivation and harvesting of other macadamia orchards under their management and control. Owner acknowledges that Managers make Manager makes no guarantee as to the future yields from the New OrchardsLot X Orchard, and Owner recognizes and assumes the agricultural risks associated with the cultivation and harvesting of macadamia nuts, and the natural risks in the areas (but specifically excluding the environmental risks specified in Section 8), including but not limited to wind, rain, hurricane hurricane, and volcanic risks. b. Without limiting the generality of the foregoing description of its services, the Managers Manager will perform the following services: The Managers Manager will provide and maintain all necessary or desirable windbreak trees and replacement macadamia trees; the Managers Manager will perform all necessary or desirable cultivation, weed and pest control, irrigation, fertilization, pruning and hedging, replanting, disposal, and related services; the Managers Manager will harvest, transport and husk the nuts from the New Orchards Lot X Orchard in accordance with proven and sound harvesting practices; and the Managers Manager will deliver the harvested nuts to the processing plant designated by Owner. All of these services will be performed at Owner's expense as set forth herein. c. The Managers Manager will provide such centralized office and other support services and facilities as may be necessary or appropriate in order to provide adequate support for all field operations hereunder, including but not limited to staff management, accounting, purchasing, industrial relations, and engineering, agricultural, garage garage, and warehouse services and facilities. d. The Managers Manager will keep the New Orchards Lot X Orchard planted with macadamia and appropriate windbreak trees during the entire term of this Contract, and Manager will provide such replacement trees as may be necessary from time to time due to tree damage, illness illness, or mortality. Owner recognizes that, due to unpredictable climatic conditions and agricultural and natural risks, the amount of future tree damage, illness and mortality is uncertain and the Managers give Manager gives no warranties or guaranties whatsoever concerning the future rates thereof. Replacement trees will be grafted trees of recommended commercial varieties and will be ready for field planting. The cost of replacement trees will be charged to Owner as a direct cost pursuant to Section 5(a) without xxxx-up over the respective Manager's internal cost; no charge will be made for replacement trees if replanting is required because of a Manager's negligence.

FARMING SERVICES. a. The Managers Manager will perform all farming services that shall be necessary or desirable from time to time in order to provide for the economical growth and yield of the New Original December 1986 Orchards assigned to Manager in accordance with proven and sound agricultural practices, it being understood and agreed that the obligations and duties to provide farming services, personnel, equipment and the representations and warranties specified in this Section 2, Section 3 and Section 8 shall apply to Ka'u only with respect to the Keaau and Ka'u Orchards and shall apply to Mauna Kea only with respect to the Mauna Kea Orchards. The Managers Manager will perform such services to the best of their skills its skill and abilitiesability, and in a manner consistent with the practices employed by them it in the planting, cultivation and harvesting of other macadamia orchards under their its management and control. Owner acknowledges that Managers make Manager makes no guarantee as to the future yields from the New Original December 1986 Orchards, and Owner recognizes and assumes the agricultural risks associated with the cultivation and harvesting of macadamia nuts, and the natural risks in the areas (but specifically excluding the environmental risks specified in Section 8)area, including but not limited to wind, rain, hurricane and volcanic risks. b. Without limiting the generality of the foregoing description of its services, Manager will, as to the Managers will Original December 1986 Orchards, perform the following services: The Managers Manager will provide and maintain all necessary or desirable windbreak trees and replacement macadamia trees; the Managers Manager will perform all necessary or desirable cultivation, weed and pest control, irrigation, fertilization, pruning and hedging, replanting, disposal, and related services; the Managers Manager will harvest, transport and husk the nuts from the New Original December 1986 Orchards in accordance with proven and sound harvesting practices; and the Managers Manager will deliver the harvested nuts to the processing plant designated by Owner. All of these services will be performed at Owner's expense as set forth herein. c. The Managers Manager will provide such centralized office and other support services and facilities as may be necessary or appropriate in order to provide adequate support for all field operations hereunder, including but not limited to staff management, accounting, purchasing, industrial relations, and engineering, agricultural, garage and warehouse services and facilities. d. The Managers Manager will keep the New Original December 1986 Orchards planted with macadamia and appropriate windbreak trees during the entire term of this Contract, and will provide such replacement trees as may be necessary from time to time due to tree damage, illness or mortality. Owner recognizes that, due to unpredictable climatic conditions and agricultural and natural risks, the amount of future tree damage, illness and mortality is uncertain and the Managers give Manager gives no warranties or guaranties whatsoever concerning the future rates thereof. Replacement trees will be grafted trees of recommended commercial varieties and will be ready for field planting. The cost of replacement trees will be charged to Owner as a direct cost pursuant to Section 5(a) without xxxx-up over the respective Manager's internal cost; no charge will be made for replacement trees if replanting is required because of a Manager's negligence.