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notice to Lessor to terminate the Lease, in which case the Lease hereby created shall terminate in
<br />accordance with such notice. In the event the Lessee gives such notice, rent will be refunded on
<br />a pro-rata basis.
<br />6. Lessee understands that the leased Property is adjacent to a golf course with public
<br />trails and that golf courses with public trails have risks associated with them not associated with
<br />other property that is grazed by cattle or other livestock. Risks include, but are not limited to,
<br />damage to property or injury to persons or animals from: (a) golf balls that are hit onto the leased
<br />Property; (b) the entry by hikers and golfers onto the leased Property to retrieve golf balls or
<br />otherwise; (c) overspray from watering the golf course that may be offensive or cause damage to
<br />the leased Property or improvements (including fences); (d) noise from maintenance and
<br />operation of the golf course and/or of agricultural uses including, without limitation,
<br />compressors, blowers, pumps, mulchers, tractors and utility vehicles, all of which may be
<br />operated at various times of the day or night and/or continuously; (e) odors arising from
<br />irrigation and fertilization of the golf course and /or from agricultural uses; and (f) disturbances
<br />and loss of privacy resulting from hikers, golf cart traffic and golfers. In addition, pesticides,
<br />herbicides, fertilizers and other chemicals may be applied to the golf course and to the
<br />agricultural uses throughout the year, and reclaimed water, treated waste water or other sources
<br />ofnon-potable water may be used for irrigation of the golf course and the agricultural uses.
<br />Lessee expressly assumes the detriments and risks described in this Section and agrees that
<br />neither Lessor, nor any of its contractors, agents, successors or assigns, shall be liable to the
<br />Lessee or anyone claiming any loss or damage, including, without limitation, indirect, special or
<br />consequential loss or damage arising from personal injury, destruction of property, trespass or
<br />any other alleged wrong or entitlement to remedy based upon, due to, arising from or otherwise
<br />related to the proximity of the leased Property to the golf course, including, without limitation,
<br />any claim arising in whole or in part from the negligence of Lessor, or its contractors, agents,
<br />successors or assigns.
<br />7. Upon the expiration of the term of this Lease, or other termination hereof, Lessee shall
<br />peaceably surrender the property to Lessor. No holding over by the Lessee for any period
<br />whatsoever, either with or without the consent of the Lessor, shall be deemed a renewal or
<br />extension of the term of this Lease, or shall entitle the Lessee to hold under the terms of this
<br />Lease for a full year, or for any other period.
<br />8. By entry under this Lease, Lessee accepts the property in its present "as is" condition
<br />and agrees that on the last day of the term, regardless of the cause or manner of termination
<br />under this Lease, or upon the withdrawal of the Lessee from said property, Lessee shall return
<br />the Property in the same condition as when received, reasonable use, wear, or damage excepted,
<br />unless Lessor allowed changes in the condition and specified in writing that the Property did not
<br />have to be restored at the termination of this Lease; but the Lessee shall not be required to cure
<br />damages caused by the forces of Nature. For purposes of this section, "as is" condition means
<br />that the fences and water supply as provided in the Grazing Resource Management Plan are in
<br />place.
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