C. The right to exercise all other rights, benefits, privileges and interests in the
<br />leased Property which Lessor, as the owner of the fee simple interest in said Property, is
<br />entitled;
<br />D. The right to go upon the leased Property at any time during the term of this
<br />Lease. Lessee will permit the Lessor and the Lessor's agents, successors and assigns to
<br />enter the Property for the purposes of inspection, compliance with the terms of this Lease,
<br />exercise of all rights as owner and all other lawful purposes, including the use of the
<br />Property for public events. Lessor will make every effort to contact the Lessee in
<br />advance of entry.
<br />E. The right to grant rights-of--way of every kind and character for roads, trails,
<br />ditches, pipe lines and wire lines, in and across the Property herein leased at any time
<br />during the term of this Lease, with right of entry to the grantees of such right, subject to
<br />the obligation that the grantee shall compensate Lessee for any damages reasonably
<br />suffered by such entry.
<br />14. Lessor reserves and retains for itself and its successors or assigns all waters and
<br />water rights appurtenant to the Property and the right to all water subject to appropriation and use
<br />thereon, including the right to develop, conserve, store and convey such water, and to remove,
<br />export, or deliver such water from the Property to locations elsewhere upon the Property, except
<br />such water as Lessee deems necessary and beneficial for watering of livestock on the Property,
<br />consistent with resource conservation objectives. Lessee's use of water is with permission of
<br />Lessor, and shall not develop into a prescriptive right.
<br />15. This Lease between Lessor and Lessee does not create any relationship of co-partner,
<br />joint adventurer, principal and agent or employer and employee. The relationship is that of
<br />independent contractors. Lessee will carry on its operations on the leased Property for itself and
<br />will be responsible for all of its acts and for the acts of its employees, agents and invitees. In its
<br />use of the Property Lessee will exercise due care. Lessee shall indemnify, defend, and hold
<br />harmless Lessor against and from all loss, cost and expense by reason of injury to the person or
<br />property of others caused by the Lessee's operations on the leased Property.
<br />16. (a) Lessor shall not be liable for any personal injury to Lessee or to any other
<br />occupant of any part of the leased Property, nor for any damage to any property of the Lessee or
<br />any other user of any part of the leased Property, irrespective of how such injury or damage may
<br />be caused, whether from an act of God, the elements, or acts of negligence of the Lessor or
<br />occupants of adjacent properties.
<br />(b) Notwithstanding Section 16 (a), Lessor shall indemnify, defend, and hold Lessee
<br />harmless from any liabilities, losses, claims, demands, actions and causes of action, including,
<br />but not limited to, attorneys' fees and costs, for any personal injury, death or property damage
<br />arising out of or connected with the use of the leased Property by persons other than Lessee, its
<br />employees, invitees, agents, contractors, successors and assigns, using the leased Property,
<br />including the trails thereon, except for the sole negligence or willful misconduct of Lessee or of
<br />its employees, invitees, agents, contractors, successors and assigns.
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