Common use of Year Agreement Clause in Contracts

Year Agreement. Any time after the first two years, the Cooperators will reimburse the Trust 10 percent of the payments received from the Trust for each year remaining on the agreement. 8. Except as herein granted, the Cooperators retain all rights to control the property and retain all responsibility for the property, including payment of taxes and assessments. 9. The Cooperators grant to the Trust, its employees, agents, assigns and contractors, the right to enter the land at reasonable times for monitoring purposes and to perform activities consistent with this agreement. The Cooperators further understands and acknowledges that Outdoor Heritage Board policy requires that information about participation in WGP II be provided to the North Dakota Industrial Commission and as such is available to Outdoor Heritage Fund board members and the general public upon request. 10. The Cooperators agree to hold harmless the Trust, to defend and indemnify the Trust from all claims and/or lawsuits made by any person or entity against the Trust in connection with this agreement. 11. This agreement will run with the land and will bind all persons and entities who will come into ownership or possession of the land during the terms of this agreement. Reference to and inclusion of this agreement must be made in all purchase agreements, deeds, or other conveyances during the terms of this agreement, and failure to do so constitutes a material breach of this agreement. The Cooperators, successors and assigns, will notify the Trust in writing of any sale or transfer of any portion of the land subject to this agreement at least 60 days prior to said sale or transfer. The Trust will record an affidavit of notice of agreement. 12. In the event of breach of any of the terms of this agreement by the Cooperators, parties agree damages will be calculated as set forth in paragraph 7 of this agreement. The parties hereto specifically agree that the amount of damage stated in paragraph 7 is presumed to be the damage sustained by a breach of this agreement by Cooperators and is a reasonable attempt by the parties to fix damages. The parties agree that it would be impracticable or extremely difficult to fix the actual damages caused to the conservation values protected by this agreement by Cooperators’ breach and therefore agree to fix the damages in this matter as indicated in paragraph 7. The parties agree that the damages calculated above bear a reasonable relationship to the damages that will result from Cooperators’ breach. Cooperators also will be responsible for all costs incurred by the Trust in the enforcement of the terms of this agreement, including all court costs and attorney’s fees. 13. Upon the expiration of the terms of this agreement, the conservation developments will become the property of the Cooperators. 14. The Cooperators will assist in securing all necessary permits and technical advice for conservation activities associated with the above described lands. 15. The Cooperators warrant that they are the record title holder of the subject property and have full authority to enter into this agreement, and further warrant that there are no outstanding rights that interfere with or adversely affect this agreement. COOPERATORS NORTH DAKOTA NATURAL RESOURCES TRUST Date Executive Director The livestock watering developments described below are agreed to by Cooperators and the Trust in the Working Grassland Partnership Agreement.

Year Agreement. Any time after the first two years, the Cooperators will reimburse the Trust 10 percent of the payments received from the Trust for each year remaining on the agreement. 8. Except as herein granted, the Cooperators retain all rights to control the property and retain all responsibility for the property, including payment of taxes taxes, insurance, and assessments. 9. The Cooperators grant to the Trust, its employees, agents, assigns and contractors, the right to enter the land at reasonable times for monitoring purposes and to perform activities consistent with this agreement. The Cooperators further understands and acknowledges that Outdoor Heritage Board policy requires that information about participation in WGP II be provided to the North Dakota Industrial Commission and as such is available to Outdoor Heritage Fund board members and the general public upon request. 10. The Cooperators agree to hold harmless the Trust, to defend and indemnify the Trust from all claims and/or lawsuits made by any person or entity against the Trust in connection with this agreement. 11. This agreement will run with the land and will bind all persons and entities who will come into ownership or possession of the land during the terms of this agreement. Reference to and inclusion of this agreement must be made in all purchase agreements, deeds, or other conveyances during the terms of this agreement, and failure to do so constitutes a material breach of this agreement. The Cooperators, successors and assigns, will notify the Trust in writing of any sale or transfer of any portion of the land subject to this agreement at least 60 days prior to said sale or transfer. The Trust will record an affidavit of notice of agreement. 12. In the event of breach of any of the terms of this agreement by the Cooperators, parties agree damages will be calculated as set forth in paragraph 7 of this agreement. The parties hereto specifically agree that the amount of damage stated in paragraph 7 is presumed to be the damage sustained by a breach of this agreement by Cooperators and is a reasonable attempt by the parties to fix damages. The parties agree that it would be impracticable or extremely difficult to fix the actual damages caused to the conservation values protected by this agreement by Cooperators’ breach and therefore agree to fix the damages in this matter as indicated in paragraph 7. The parties agree that the damages calculated above bear a reasonable relationship to the damages that will result from Cooperators’ breach. Cooperators also will be responsible for all costs incurred by the Trust in the enforcement of the terms of this agreement, including all court costs and attorney’s fees. 13. Upon the expiration of the terms of this agreement, the conservation developments will become the property of the Cooperators. 14. The Cooperators will assist in securing all necessary permits and technical advice for conservation activities associated with the above described lands. 15. The Cooperators warrant that they are the record title holder of the subject property and have full authority to enter into this agreement, and further warrant that there are no outstanding rights that interfere with or adversely affect this agreement. COOPERATORS NORTH DAKOTA NATURAL RESOURCES TRUST Date Executive Director The livestock watering developments described below are agreed to by Cooperators and the Trust in the Working Grassland Partnership Agreement.

Year Agreement. Any time after the first two years, the Cooperators will reimburse the Trust 10 percent of the payments received from the Trust for each year remaining on the agreement. 8. Except as herein granted, the Cooperators retain all rights to control the property and retain all responsibility for the property, including payment of taxes taxes, insurance, and assessments. 9. The Cooperators grant to the Trust, its employees, agents, assigns and contractors, the right to enter the land at reasonable times for monitoring purposes and to perform activities consistent with this agreement. The Cooperators further understands and acknowledges that Outdoor Heritage Board policy requires that information about participation in WGP II be provided to the North Dakota Industrial Commission and as such is available to Outdoor Heritage Fund board members and the general public upon request. 10. The Cooperators agree to hold harmless the Trust, to defend and indemnify the Trust from all claims and/or lawsuits made by any person or entity against the Trust in connection with this agreement. 11. This agreement will run with the land and will bind all persons and entities who will come into ownership or possession of the land during the terms of this agreement. Reference to and inclusion of this agreement must be made in all purchase agreements, deeds, or other conveyances during the terms of this agreement, and failure to do so constitutes a material breach of this agreement. The Cooperators, successors and assigns, will notify the Trust in writing of any sale or transfer of any portion of the land subject to this agreement at least 60 days prior to said sale or transfer. The Trust will record an affidavit of notice of agreement. 12. In the event of breach of any of the terms of this agreement by the Cooperators, parties agree damages will be calculated as set forth in paragraph 7 of this agreement. The parties hereto specifically agree that the amount of damage stated in paragraph 7 is presumed to be the damage sustained by a breach of this agreement by Cooperators and is a reasonable attempt by the parties to fix damages. The parties agree that it would be impracticable or extremely difficult to fix the actual damages caused to the conservation values protected by this agreement by Cooperators’ breach and therefore agree to fix the damages in this matter as indicated in paragraph 7. The parties agree that the damages calculated above bear a reasonable relationship to the damages that will result from Cooperators’ breach. Cooperators also will be responsible for all costs incurred by the Trust in the enforcement of the terms of this agreement, including all court costs and attorney’s fees. 13. Upon the expiration of the terms of this agreement, the conservation developments will become the property of the Cooperators. 14. The Cooperators will assist in securing all necessary permits and technical advice for conservation activities associated with the above described lands. 15. The Cooperators warrant that they are the record title holder of the subject property and have full authority to enter into this agreement, and further warrant that there are no outstanding rights that interfere with or adversely affect this agreement. COOPERATORS NORTH DAKOTA NATURAL RESOURCES TRUST Date Executive Director The livestock watering developments habitat lease described below are is agreed to by Cooperators and the Trust in the Working Grassland Partnership Agreement.

Year Agreement. Any time after the first two years, the Cooperators will reimburse the Trust 10 percent of the payments received from the Trust for each year remaining on the agreement. 8. Except as herein granted, the Cooperators retain all rights to control the property and retain all responsibility for the property, including payment of taxes and assessments. 9. The Cooperators grant to the Trust, its employees, agents, assigns and contractors, the right to enter the land at reasonable times for monitoring purposes and to perform activities consistent with this agreement. The Cooperators further understands and acknowledges that Outdoor Heritage Board policy requires that information about participation in WGP II be provided to the North Dakota Industrial Commission and as such is available to Outdoor Heritage Fund board members and the general public upon request. 10. The Cooperators agree to hold harmless the Trust, to defend and indemnify the Trust from all claims and/or lawsuits made by any person or entity against the Trust in connection with this agreement. 11. This agreement will run with the land and will bind all persons and entities who will come into ownership or possession of the land during the terms of this agreement. Reference to and inclusion of this agreement must be made in all purchase agreements, deeds, or other conveyances during the terms of this agreement, and failure to do so constitutes a material breach of this agreement. The Cooperators, successors and assigns, will notify the Trust in writing of any sale or transfer of any portion of the land subject to this agreement at least 60 days prior to said sale or transfer. The Trust will record an affidavit of notice of agreement. 12. In the event of breach of any of the terms of this agreement by the Cooperators, parties agree damages will be calculated as set forth in paragraph 7 of this agreement. The parties hereto specifically agree that the amount of damage stated in paragraph 7 is presumed to be the damage sustained by a breach of this agreement by Cooperators and is a reasonable attempt by the parties to fix damages. The parties agree that it would be impracticable or extremely difficult to fix the actual damages caused to the conservation values protected by this agreement by Cooperators’ breach and therefore agree to fix the damages in this matter as indicated in paragraph 7. The parties agree that the damages calculated above bear a reasonable relationship to the damages that will result from Cooperators’ breach. Cooperators also will be responsible for all costs incurred by the Trust in the enforcement of the terms of this agreement, including all court costs and attorney’s fees. 13. Upon the expiration of the terms of this agreement, the conservation developments will become the property of the Cooperators. 14. The Cooperators will assist in securing all necessary permits and technical advice for conservation activities associated with the above described lands. 15. The Cooperators warrant that they are the record title holder of the subject property and have full authority to enter into this agreement, and further warrant that there are no outstanding rights that interfere with or adversely affect this agreement. COOPERATORS NORTH DAKOTA NATURAL RESOURCES TRUST Date Executive Director The livestock watering developments habitat lease described below are is agreed to by Cooperators and the Trust in the Working Grassland Partnership Agreement.