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2O1403427 Resources Conservation Service recommendations and fulfill all other requirements necessary to maintain the rights of current and future operators of this Property for farm use; to participate in federal farm programs; and to report planted acreages of crops as required by the USDA, Farm Service Agency. 4.7 Storage and Use of Herbicides, Pesticides and Fertilizers. To store and use herbicides, pesticides, fertilizers, and other chemicals, and dispose of herbicides, pesticides, fertilizers, and other chemicals containers in accordance with state and federal regulations and recommendations ; and to furnish Lessor a written field by field record of the amount, kinds, and dates of applications of herbicides, pesticides and fertilizers submitted along with the December payment each year for the Term of this Lease. 4.8 Storage of Hazardous Chemicals. To not store motor vehicles, tractors, fuel, and chemicals on the Property in violation of those certain restrictions in Lessor's insurance policies. 4.9 Yielding Possession at End of Lease. To yield possession of the Property to Lessor without further notice at the Termination Date of this Lease. 5. Insurance. Lessee shall provide certification it has obtained all the insurance required hereunder and such insurance has been approved by Lessor. Approval of the insurance by Lessor does not relieve or decrease the liability of the Lessee hereunder. If by the terms of any insurance a mandatory deductible is required, or if Lessee elects to increase the mandatory deductible amount, Lessee shall be responsible for payment of the amount of the deductible in the event of a paid claim. This Section shall in no way affect Lessor's right to recover under indemnification, remedy, or warranty provisions set forth in this Agreement or under ay other recovery theory. 5.1 Workers' Compensation and Employers' Liability Insurance. Lessee shall take out and maintain during the Term of this Lease, the statutory Workers' Compensation and Employers' Liability Insurance for all of its employees to be engaged in work for Lessee. Lessee shall require any subcontractor similarly to provide Workers' Compensation and Employers' Liability Insurance for all of the Tatter's employees to be engaged in such work. This policy shall be written to meet the statutory requirements for the state in which the work is being performed, including Occupational Disease. This policy shall include a waiver of subrogation in favor of Lessor. The amounts of the insurance shall not be less than the limits stated hereinafter. If Lessee is exempt from providing Workers' Compensation insurance under Nebraska Law, Lessee must certify such to Lessor. 5.2 Commercial General Liability Insurance and Commercial Automobile Liability Insurance. Lessee shall take out and maintain during the Term of this Lease such Commercial General Liability Insurance and Commercial Automobile Liability Insurance as shall protect Lessee and any subcontractor performing work covered by this Lease from claims for damages for bodily injury, including death, as well as from claims for property damage, which may arise from operations under this Lease, whether such operation be by the Lessee or any subcontractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall not be Tess than the limits stated hereinafter. 5.3 Additional Insured. The Commercial General Liability Insurance shall be written on an occurrence basis and shall include Lessor as an Additional Insured. This policy shall be primary, and any insurance or self - insurance carried by Lessor shall be considered excess and non - contributory. The Commercial Auto Liability Insurance shall be written to cover all Owned, Non -owned and Hired vehicles. W: \Everyone \Property Program Management \Leases Cash \CL 33 GIVH Panowicz Farm Lease \CL 33 GIVH Cash Farm Lease 2014 -2015 DRAFT 2014- 02- 20.docx Page 5 of 11