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12. In its use of the leased Pastures, Lessee will observe and comply with all applicable <br /> laws, ordinances, permits, and governmental regulations, including but not limited to any federal <br /> statutes and regulations concerning endangered species, which species' habitat is part of the <br /> leased Pastures. <br /> 13. Notwithstanding any provision contained herein to the contrary, Lessor expressly <br /> reserves unto itself, its successors and assigns, the following rights,benefits, interests and <br /> privileges in the leased Pastures so long as they do not unreasonably interfere with Lessee's use <br /> of the Pastures: <br /> A. The right to burn a portion of the leased Pastures from time to time consistent <br /> with the permits Lessor has from federal and state regulatory agencies; <br /> B. The right to use and enjoy, and to allow others to use and enjoy, the leased <br /> Pastures, including the trails thereon, for all other purposes and in all ways and manners; <br /> C. The right to exercise all other rights, benefits,privileges and interests in the <br /> leased Pastures which Lessor, as the owner of the fee simple interest in said Pastures, is <br /> entitled; <br /> D. The right to go upon the leased Pastures 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 Pastures 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 /> Pastures 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 Pastures 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 Pastures 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 Pastures to locations elsewhere upon the property owned <br /> by the City in Happy Valley, except such water as Lessee deems necessary and beneficial for <br /> watering of livestock on the Pastures, consistent with resource conservation objectives. Lessee's <br /> use of water is with permission of 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 venture,principal and agent or employer and employee. The relationship is that of <br /> independent contractors. Lessee will carry on its operations on the leased Pastures 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 Pastures, Lessee will exercise due care. Lessee shall indemnify, defend, and hold <br /> Page 4 of 6 <br />