5
owes Landlord under this Agreement. If Tenant does not reclaim the property within the period
permitted by law, Landlord may sell it in accordance with law and apply the proceeds of the sale
to any amounts Tenant owes to Landlord under this Agreement, or retain Tenant’s property,
granting Tenant credit for the reasonable value of the property against any amounts Tenant
owes to Landlord.
6.6 Survival. Sections 4.4, 5, 6, and 7 of this Agreement will survive termination of
this Agreement.
7. General Provisions
7.1 Entire Agreement. This Agreement, together with its exhibits, is the entire
agreement between Tenant and Landlord and supersedes all prior or contemporaneous written
and oral agreements. This Agreement may be amended only by a document signed by both
Tenant and Landlord and reciting that it is an amendment to this Agreement. If there are any
inconsistencies between this Agreement and its exhibits, this Agreement will control.
7.2 Severability; Waiver. If any provision in this Agreement is held invalid or
unenforceable, the other provisions will remain enforceable, and the invalid or unenforceable
provision will be considered modified so that it is valid and enforceable to the maximum extent
permitted by law. Any waiver under this Agreement must be in writing and signed by the party
granting the waiver. Waiver of any breach or provision of this Agreement will not be considered
a waiver of any later breach or of the right to enforce any provision of this Agreement.
7.3 Relationship. Tenant and Landlord are independent contracting parties. Nothing
contained in this Agreement will create a partnership, joint venture, fiduciary, or employment
relationship between Tenant and Landlord. Neither Tenant nor Landlord have the power or
authority to act on behalf of the other or in the other’s name directly or indirectly in any manner.
Landlord will not be responsible for any debts, liabilities, or obligations Tenant contracts or
incurs in carrying out Tenant’s farming operations on the Property or otherwise.
7.4 No Third Party Beneficiaries. Except as provided in Section 5.1 and 5.2, this
Agreement is for the exclusive benefit of Tenant and Landlord and not for the benefit of any
third party.
7.5 Binding on Heirs. This Agreement will be binding upon the heirs, executors,
administrators, and permitted assignees or successors in interest of Landlord and Tenant.
7.6 Notices. Notices and consents under this Agreement must be in writing and
delivered by mail, hand, fax, or e-mail to the addresses set out on the signature page of this
Agreement or other addresses given by one party to the other in writing. Notices given in the
manner will be considered given two business days after deposit in the mail, or the first
business day after delivery to a courier, delivery by fax or transmission by e-mail.
7.7 Governing Law; Jurisdiction. This Agreement will be governed by California
law. Tenant and Landlord consent to the exclusive jurisdiction of the state and federal courts for
[insert county where Property located], California.
* * * * * * * *
Resume Templates 1210 Document(s)
