Good Husbandry and Care of Orchards Sample Clauses

Good Husbandry and Care of Orchards. Lessee believes that substantial portions of the Premises may not be worth cultivating at any given time in accordance with normal good husbandry standards in that the cost of cultivation, irrigation, and harvesting may exceed the value of the harvested nuts wet-in-shell at the time. Such acres may be designated by Lessee from time to time in its sole discretion and will be termed the “Uneconomical Acres”. Lessee shall not be held to normal standards of good husbandry on the Uneconomical Acres. Lessee in its sole discretion will determine which portion of the Premises it will cultivate. Nevertheless, Lessee shall in its reasonable discretion: (a) use reasonable diligence in attempting to prevent trees from dying on the Uneconomical Acres; (b) irrigate all trees on the Uneconomical Acres to the extent that water of reasonable salinity is available after the remainder of the operating orchards have been irrigated and to the extent that irrigation is necessary to preserve the life of the trees; and (c) exercise sufficient good husbandry so that the Lessee or Lessor will be able to return the trees to normal productivity status if the acres become economical again. Lessee, at its sole expense and at its sole discretion, shall replace any and all dead, dying, damaged or destroyed macadamia nut trees with new macadamia nursery stock.
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