Common use of FARMING SERVICES Clause in Contracts

FARMING SERVICES. a. Manager will perform all farming services that shall be necessary or desirable from time to time in order to provide for the economical growth and yield of the Lot X Orchard in accordance with proven and sound agricultural practices. Manager will perform such services to the best of its skill and ability, and in a manner consistent with the practices employed by them in the planting, cultivation and harvesting of other macadamia orchards under their management and control. Owner acknowledges that Manager makes no guarantee as to the future yields from the Lot X Orchard, and Owner recognizes and assumes the agricultural risks associated with the cultivation and harvesting of macadamia nuts, and the natural risks in the areas (but specifically excluding the environmental risks specified in Section 8), including but not limited to wind, rain, hurricane, and volcanic risks. b. Without limiting the generality of the foregoing description of its services, Manager will perform the following services: Manager will provide and maintain all necessary or desirable windbreak trees and replacement macadamia trees; Manager will perform all necessary or desirable cultivation, weed and pest control, irrigation, fertilization, pruning and hedging, replanting, disposal, and related services; Manager will harvest, transport and husk the nuts from the Lot X Orchard in accordance with proven and sound harvesting practices; and Manager will deliver the harvested nuts to the processing plant designated by Owner. All of these services will be performed at Owner's expense as set forth herein. c. Manager will provide such centralized office and other support services and facilities as may be necessary or appropriate in order to provide adequate support for all field operations hereunder, including but not limited to staff management, accounting, purchasing, industrial relations, and engineering, agricultural, garage, and warehouse services and facilities. d. Manager will keep the Lot X Orchard planted with macadamia and appropriate windbreak trees during the entire term of this Contract, and Manager will provide such replacement trees as may be necessary from time to time due to tree damage, illness, or mortality. Owner recognizes that, due to unpredictable climatic conditions and agricultural and natural risks, the amount of future tree damage, illness and mortality is uncertain and Manager gives no warranties or guaranties whatsoever concerning the future rates thereof. Replacement trees will be grafted trees of recommended commercial varieties and will be ready for field planting. The cost of replacement trees will be charged to Owner as a direct cost pursuant to Section 5(a) without ▇▇▇▇-up over the respective Manager's internal cost; no charge will be made for replacement trees if replanting is required because of Manager's negligence.

FARMING SERVICES. a. Manager will perform all farming services that shall be necessary or desirable from time to time in order to provide for the economical growth and yield of the Lot X Orchard Original June 1986 Orchards assigned to Manager in accordance with proven and sound agricultural practices. The Manager will perform such services to the best of its skill and ability, and in a manner consistent with the practices employed by them it in the planting, cultivation and harvesting of other macadamia orchards under their its management and control. Owner acknowledges that Manager makes no guarantee as to the future yields from the Lot X OrchardOriginal June 1986 Orchards, and Owner recognizes and assumes the agricultural risks associated with the cultivation and harvesting of macadamia nuts, and the natural risks in the areas (but specifically excluding the environmental risks specified in Section 8)area, including but not limited to wind, rain, hurricane, hurricane and volcanic risks. b. Without limiting the generality of the foregoing description of its services, Manager will will, as to the Original June 1986 Orchards, perform the following services: Manager will provide and maintain all necessary or desirable windbreak trees and replacement macadamia trees; Manager will perform all necessary or desirable cultivation, weed and pest control, irrigation, fertilization, pruning and hedging, replanting, disposal, and related services; Manager will harvest, transport and husk the nuts from the Lot X Orchard Original June 1986 Orchards in accordance with proven and sound harvesting practices; and Manager will deliver the harvested nuts to the processing plant designated by Owner. All of these services will be performed at Owner's expense as set forth herein. c. The Manager will provide such centralized office and other support services and facilities as may be necessary or appropriate in order to provide adequate support for all field operations hereunder, including but not limited to staff management, accounting, purchasing, industrial relations, and engineering, agricultural, garage, garage and warehouse services and facilities. d. Manager will keep the Lot X Orchard Original June 1986 Orchards planted with macadamia and appropriate windbreak trees during the entire term of this Contract, and Manager will provide such replacement trees as may be necessary from time to time due to tree damage, illness, illness or mortality. Owner recognizes that, due to unpredictable climatic conditions and agricultural and natural risks, the amount of future tree damage, illness and mortality is uncertain and Manager gives no warranties or guaranties whatsoever concerning the future rates thereof. Replacement trees will be grafted trees of or recommended commercial varieties and will be ready for field planting. The cost costs of replacement trees will be charged to Owner as a direct cost pursuant to Section 5(a) without ▇▇▇▇-up over the respective Manager's internal cost; no charge will be made for replacement trees if replanting is required because of a Manager's negligence.

FARMING SERVICES. a. Manager The Managers will perform all farming services that shall be necessary or desirable from time to time in order to provide for the economical growth and yield of the Lot X Orchard New Orchards in accordance with proven and sound agricultural practices, it being understood and agreed that the obligations and duties to provide farming services, personnel, equipment and the representations and warranties specified in this Section 2, Section 3 and Section 8 shall apply to Ka'u only with respect to the Keaau and Ka'u Orchards and shall apply to Mauna Kea only with respect to the Mauna Kea Orchards. Manager The Managers will perform such services to the best of its skill their skills and abilityabilities, and in a manner consistent with the practices employed by them in the planting, cultivation and harvesting of other macadamia orchards under their management and control. Owner acknowledges that Manager makes Managers make no guarantee as to the future yields from the Lot X OrchardNew Orchards, and Owner recognizes and assumes the agricultural risks associated with the cultivation and harvesting of macadamia nuts, and the natural risks in the areas (but specifically excluding the environmental risks specified in Section 8), including but not limited to wind, rain, hurricane, hurricane and volcanic risks. b. Without limiting the generality of the foregoing description of its services, Manager the Managers will perform the following services: Manager The Managers will provide and maintain all necessary or desirable windbreak trees and replacement macadamia trees; Manager the Managers will perform all necessary or desirable cultivation, weed and pest control, irrigation, fertilization, pruning and hedging, replanting, disposal, and related services; Manager the Managers will harvest, transport and husk the nuts from the Lot X Orchard New Orchards in accordance with proven and sound harvesting practices; and Manager the Managers will deliver the harvested nuts to the processing plant designated by Owner. All of these services will be performed at Owner's expense as set forth herein. c. Manager The Managers will provide such centralized office and other support services and facilities as may be necessary or appropriate in order to provide adequate support for all field operations hereunder, including but not limited to staff management, accounting, purchasing, industrial relations, and engineering, agricultural, garage, garage and warehouse services and facilities. d. Manager The Managers will keep the Lot X Orchard New Orchards planted with macadamia and appropriate windbreak trees during the entire term of this Contract, and Manager will provide such replacement trees as may be necessary from time to time due to tree damage, illness, illness or mortality. Owner recognizes that, due to unpredictable climatic conditions and agricultural and natural risks, the amount of future tree damage, illness and mortality is uncertain and Manager gives the Managers give no warranties or guaranties whatsoever concerning the future rates thereof. Replacement trees will be grafted trees of recommended commercial varieties and will be ready for field planting. The cost of replacement trees will be charged to Owner as a direct cost pursuant to Section 5(a) without ▇▇▇▇-up over the respective Manager's internal cost; no charge will be made for replacement trees if replanting is required because of a Manager's negligence.

FARMING SERVICES. a. Manager will perform all farming services that shall be necessary or desirable from time to time in order to provide for the economical growth and yield of the Lot X Orchard Original December 1986 Orchards assigned to Manager in accordance with proven and sound agricultural practices. Manager will perform such services to the best of its skill and ability, and in a manner consistent with the practices employed by them it in the planting, cultivation and harvesting of other macadamia orchards under their its management and control. Owner acknowledges that Manager makes no guarantee as to the future yields from the Lot X OrchardOriginal December 1986 Orchards, and Owner recognizes and assumes the agricultural risks associated with the cultivation and harvesting of macadamia nuts, and the natural risks in the areas (but specifically excluding the environmental risks specified in Section 8)area, including but not limited to wind, rain, hurricane, hurricane and volcanic risks. b. Without limiting the generality of the foregoing description of its services, Manager will will, as to the Original December 1986 Orchards, perform the following services: Manager will provide and maintain all necessary or desirable windbreak trees and replacement macadamia trees; Manager will perform all necessary or desirable cultivation, weed and pest control, irrigation, fertilization, pruning and hedging, replanting, disposal, and related services; Manager will harvest, transport and husk the nuts from the Lot X Orchard Original December 1986 Orchards in accordance with proven and sound harvesting practices; and Manager will deliver the harvested nuts to the processing plant designated by Owner. All of these services will be performed at Owner's expense as set forth herein. c. Manager will provide such centralized office and other support services and facilities as may be necessary or appropriate in order to provide adequate support for all field operations hereunder, including but not limited to staff management, accounting, purchasing, industrial relations, and engineering, agricultural, garage, garage and warehouse services and facilities. d. Manager will keep the Lot X Orchard Original December 1986 Orchards planted with macadamia and appropriate windbreak trees during the entire term of this Contract, and Manager will provide such replacement trees as may be necessary from time to time due to tree damage, illness, illness or mortality. Owner recognizes that, due to unpredictable climatic conditions and agricultural and natural risks, the amount of future tree damage, illness and mortality is uncertain and Manager gives no warranties or guaranties whatsoever concerning the future rates thereof. Replacement trees will be grafted trees of recommended commercial varieties and will be ready for field planting. The cost of replacement trees will be charged to Owner as a direct cost pursuant to Section 5(a) without ▇▇▇▇-up over the respective Manager's internal cost; no charge will be made for replacement trees if replanting is required because of Manager's negligence.