Common use of NEW PRACTICES Clause in Contracts

NEW PRACTICES. Except as prohibited or restricted in Paragraph 5 or Exhibit E of this Grant, and subject to obtaining Grantee’s prior approval in accordance with the notice and approval provisions contained herein, it shall be permissible to carry on agricultural practices, and other practices or activities, that differ from historical agricultural practices, so long as such practices do not result in significant soil degradation, or significant pollution or degradation of any surface or subsurface waters, and such practices are consistent with and do not diminish or impair the Conservation Purposes of this Conservation Easement. The following new practices are hereby found to be consistent with the Conservation Purposes of this Conservation Easement and do not require compliance with the notice and approval procedures described above so long as such new practices shall not result in significant soil degradation, or significant pollution or degradation of any surface or subsurface waters and such new practices are consistent with and do not diminish or impair the Conservation Purposes of this Conservation Easement: a. grazing of livestock; b. cultivation and harvest of alfalfa, clover and other permanent pasture; and c. substitution of new fertilizers, pesticides and herbicides for those Grantor presently uses, provided that such use, including, but not limited to, the amount, frequency, and manner of application shall be in accordance with all applicable Laws, and such use does not diminish or impair the naturally occurring ecosystems existing on the Property (not including any impacts caused to such ecosystems that are the intended result of the application of such fertilizers, pesticides, herbicides and/or biocides as long as the application of such substances has been conducted in accordance with the instructions for application set forth for such substance and such application is consistent with those good farm management practices that are customary in the general geographic area in which the Property is located); and d. the planting of native trees and shrubs anywhere on the Property except within the Agricultural Area of the Property as identified in the Report. Except as expressly permitted in the immediately preceding sentence, the cultivation and harvest of any non-annual crops on the Property requires Grantee’s prior approval in accordance with the notice and approval provisions contained above.