Form 25-7

Hunting Lease

Basic Information

Date:

Landlord:

Landlord’s Address:

Tenant:

Tenant’s Address:

Premises: SURFACE ONLY of approximately [number] acres of land, situated in [county] County, Texas, as described in Exhibit [exhibit number/letter] (“Land”).

The Premises do not include livestock, crops, or Excluded Improvements located on the Land. Tenant will not be permitted to use the Excluded Improvements.

Excluded Improvements: Any structure, improvement, or equipment situated on the Land and constructed or installed by any person other than Tenant, except for the following: [specify].

Base Rent:

Term (months):

Commencement Date:

Termination Date:

Permitted Use: Solely for hunting of the following game: [specify].

Tenant’s Insurance: As required by Insurance Addendum

A.Definitions

A.1.“Agent” means agents, employees, officers, directors, members and partners of the principal, and, to the extent under the control of the principal, invitees.

A.2.“Injury” means (a) harm to or impairment or loss of property or its use or (b) harm to or death of a person.

A.3.“Rent” means Base Rent plus any other amounts of money payable by Tenant to Landlord.

B.Tenant’s Obligations

B.1.Tenant agrees to—

B.1.a.Lease the Premises for the entire Term beginning on the Commencement Date and ending on the Termination Date.

B.1.b.Accept the Premises in their present condition “AS IS,” the Premises being suit­able for the Permitted Use.

B.1.c.Obey all laws relating to (i) Tenant’s Permitted Use; (ii) Tenant’s activities while on the Premises, including times and manner for hunting and removing game (and keep­ing of any applicable records), handling and discharging firearms, operating motor vehicles, and consuming alcoholic beverages; (iii) Tenant’s use of any existing structure, improvement, or equipment that Tenant is permitted to use pursuant to this lease; or (iv) Tenant’s use of any structure, improvement, or equipment erected or installed by Tenant on the Premises in accor­dance with this lease.

B.1.d.Pay, in advance, without demand, Base Rent to Landlord at Landlord’s Address.

B.1.e.Pay for all utility services used by Tenant.

B.1.f.Pay all taxes on Tenant’s property located on the Premises.

B.1.g.Repair, replace, and maintain any part of the crops, livestock, or Improvements damaged by Tenant.

B.1.h.Operate vehicles on the Land in a manner that will not damage existing roads, trails, or vegetation.

B.1.i.Keep all gates on the Land closed and locked.

B.1.j.Enter and exit the Premises only at those places designated by Landlord.

B.1.k.Vacate the Premises on the last day of the Term.

B.1.l.Maintain the insurance coverages described in the attached Insurance Adden­dum.

B.1.m.Properly supervise all persons present on the Premises at the invitation or request of Tenant.

B.1.n.Deliver to Landlord a Release, Indemnity, and Assumption of Risks in the form attached to this lease as Exhibit B, executed by each individual (including Tenant) who will enter the Premises at the invitation or request of Tenant before entry by any such individual.

B.1.o.Indemnify, defend, and hold Landlord and Landlord’s Agents, suc­cessors, and assigns harmless from any Injury (and any resulting or related claim, action, loss, liability, or reasonable expense, including attorney’s fees and other fees and court and other costs) arising from or related to Tenant’s or Tenant’s Agents’, successors’, and assigns’ use of the Premises if caused in whole or in part by the acts or omissions of Tenant, its Agents, successors, and assigns, or those acting on Tenant’s behalf, including in whole or in part by their negligent acts or omissions. The indemnity contained in this paragraph (i) is independent of Tenant’s Insurance, (ii) will survive the end of the Term, and (iii) will apply even if an Injury is caused in part by the ordinary negli­gence or strict liability of Landlord or Landlord’s Agents, successors, and assigns but will not apply to the extent an Injury is caused in whole or in part by the gross negligence or willful misconduct of Landlord or Land­lord’s Agents, successors, and assigns.

B.2.Tenant agrees not to—

B.2.a.Use the Premises for any purpose other than the Permitted Use.

B.2.b.Create or allow a nuisance or permit any waste or injury to the Premises or the crops or livestock thereon.

B.2.c.Change Landlord’s lock system.

B.2.d.Alter the Premises, including clearing new roads or trails, digging ponds or tanks, moving or erecting any fences, or locating on the Premises any type of manufactured housing or mobile home.

B.2.e.Allow a lien to be placed on the Premises.

B.2.f.Assign this lease or sublease any portion of the Premises without Landlord’s written consent.

B.2.g.Litter or leave trash, debris, or shell casings on the Premises.

B.2.h.Allow anyone other than those persons listed in Exhibit A to hunt on the Prem­ises.

B.2.i.Construct any kennel, blind, feeder, or stand on the Premises without Land­lord’s prior written consent.

C.Landlord’s Obligations

C.1.Landlord agrees to—

C.1.a.Lease to Tenant the Premises for the entire Term beginning on the Commence­ment Date and ending on the Termination Date.

C.1.b.Obey all laws relating to Landlord’s operation of the Premises.

C.2.Landlord agrees not to—

C.2.a.Allow any use of the Premises inconsistent with Tenant’s Permitted Use as long as Tenant is not in default.

C.2.b.Unreasonably withhold consent to a proposed assignment or sublease.

D.General Provisions

Landlord and Tenant agree to the following:

D.1.Alterations.      Any physical additions or improvements to the Premises made by Tenant will become the property of Landlord. Landlord may require that Tenant, at termina­tion of this lease and at Tenant’s expense, remove any physical additions and improvements, repair any alterations, and restore the Premises to the condition existing at the Commence­ment Date, normal wear excepted.

D.2.Abatement.      Tenant’s covenant to pay Rent and Landlord’s covenants are inde­pendent. Except as otherwise provided, Tenant may not abate Rent for any reason.

D.3.Release of Claims.      Tenant releases Landlord and Landlord’s Agents, successors, and assigns from all claims or liabilities for any Injury to Tenant or Tenant’s Agents, successors, and assigns while present on the Prem­ises or to Tenant’s or Tenant’s Agents’, successors’, and assigns’ property located on the Premises. The release in this paragraph will apply even if the damage or loss is caused, in whole or in part, by the ordinary negligence or strict liability of Landlord or Landlord’s Agents, successors, and assigns but will not apply to the extent the damage or loss is caused in whole or in part by the gross negligence or willful misconduct of Landlord or Land­lord’s Agents, successors, and assigns.

D.4.Condemnation/Substantial or Partial Taking

D.4.a.If the Premises cannot be used for the Permitted Use because of condemnation or purchase in lieu of condemnation, this lease will terminate.

D.4.b.If there is a condemnation or purchase in lieu of condemnation and this lease is not terminated, the Rent payable during the unexpired portion of the Term will be adjusted as may be fair and reasonable.

D.4.c.Tenant will have no claim to the condemnation award or proceeds in lieu of condemnation.

D.5.Default by Landlord/Events.      A default by Landlord is the failure to comply with any provision of this lease that is not cured within thirty days after written notice.

D.6.Default by Landlord/Tenant’s Remedies.      Tenant’s remedies for Landlord’s default are to sue for damages and terminate this lease. Tenant may not terminate under this paragraph while in arrears for the payment of Rent.

D.7.Default by Tenant/Events.      Defaults by Tenant are (a) failing to pay Rent timely, (b) abandoning the Premises or vacating a substantial portion of the Premises, and (c) failing to comply within ten days after written notice with any provision of this lease other than the defaults set forth in (a) and (b).

D.8.Default by Tenant/Landlord’s Remedies.      Landlord’s remedies for Tenant’s default are to (a) enter and take possession of the Premises and sue for Rent as it accrues; (b) enter and take possession of the Premises, after which Landlord may relet the Premises on behalf of Tenant and receive the Rent directly by reason of the reletting, and Tenant agrees to reimburse Landlord for any expenditures made in order to relet; (c) enter the Premises and perform Tenant’s obligations; and (d) terminate this lease by written notice and sue for dam­ages. Landlord may enter and take possession of the Premises by self-help, by picking or changing locks if necessary, and may lock out Tenant or any other person who may be hunting on the Premises, until the default is cured, without being liable for damages.

D.9.Default/Waiver.      All waivers must be in writing and signed by the waiving party. Landlord’s failure to enforce any provisions of this lease or its acceptance of late installments of Rent will not be a waiver and will not estop Landlord from enforcing that pro­vision or any other provision of this lease in the future.

D.10.Mitigation.      Landlord and Tenant have a duty to mitigate.

D.11.Holdover.      If Tenant does not vacate the Premises following termination of this lease, Tenant will become a tenant at will and must vacate the Premises on receipt of notice from Landlord. No holding over by Tenant, whether with or without the consent of Landlord, will extend the Term.

D.12.Alternative Dispute Resolution.      Landlord and Tenant agree to mediate in good faith before filing a suit for damages.

D.13.Attorney’s Fees.      If either party retains an attorney to enforce this lease, the party prevailing in litigation is entitled to recover reasonable attorney’s fees and other fees and court and other costs.

D.14.Venue.      Exclusive venue is in the county in which the Premises are located.

D.15.Entire Agreement.      This lease and its exhibits, addenda, and riders are the entire agreement of the parties concerning the lease of the Premises by Landlord to Tenant. Landlord has not made and does not make any representations about the commercial suitability, physical condition, layout, footage, expenses, or operation of the Premises or any other matter affecting or relating to the Premises and this agreement, except as specifically set forth in this lease. As an inducement to Landlord to enter into this lease, Tenant expressly acknowledges and warrants that no such representations have been made and Tenant is not relying on any representations not contained in this lease and any exhibits, addenda, and riders.

D.16.Amendment of Lease.      This lease may be amended only by an instrument in writing signed by Landlord and Tenant.

D.17.Limitation of Warranties.      There are no implied warranties of suitabil­ity, of merchantability, of fitness for a particular purpose, or of any other kind arising out of this lease, and there are no warranties that extend beyond those expressly stated in this lease.

D.18.Notices.      Any notice required or permitted under this lease must be in writing. Any notice required by this lease will be deemed to be given (whether received or not) the ear­lier of receipt or three business days after being deposited with the United States Postal Ser­vice, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this lease. Notice may also be given by regular mail, per­sonal delivery, courier delivery, or e-mail and will be effective when received. Any address for notice may be changed by written notice given as provided herein.

D.19.Mineral Interests.      This lease is subordinate to any present or future oil, gas, or other mineral exploration agreements and leases relating to the Land. Landlord will not be lia­ble to Tenant for any damages for actions attributable to those agreements and will receive all consideration paid therefor.

D.20.Landlord’s Use.      Landlord, both for Landlord and for third parties, retains the right to enter on and use the Land for grazing, farming, erecting telecommunications towers or antennas, and other uses that do not materially interfere with the Permitted Use.

D.21.Identity.      Landlord reserves the right to verify the identity of all persons on the Premises.

D.22.Option to Terminate.      Landlord will have the option to terminate this lease with respect to any portion of the Land that is sold. Landlord’s option will be exercisable by written notice delivered to Tenant no later than thirty days before the date of termination. The Rent payable during the unexpired portion of the Term will be adjusted as may be fair and rea­sonable. Tenant will receive a refund of any prepaid Base Rent fairly and reasonably allocable to the portion of the Premises for which this lease has been terminated.

   
[Name of landlord]

   
[Name of tenant]

Insurance Addendum to Hunting Lease

Lease

Date:

Landlord:

Tenant:

This insurance addendum is part of the lease.

Tenant agrees to—

1.Maintain the property and/or liability insurance policies required below (mark applicable boxes) during the lease Term and any period before or after the lease Term when Tenant is present on the Premises:

2.Comply with the following additional insurance requirements: (a) the hunting lease liability or homeowner’s insurance policy must be endorsed to name Landlord as “addi­tional insured,” (b) additional insured endorsements must not exclude coverage for the ordi­nary negligence of Landlord, (c) any property insurance policies covering Tenant’s property on the Premises must contain a waiver of subrogation of claims against Landlord, and (d) cer­tificates of insurance and copies of any additional insured and waiver of subrogation endorse­ments must be delivered by Tenant to Landlord before entering the Premises and thereafter at least ten days before the expiration of the policies.

Exhibit A

Individuals Who Will Hunt on the Premises

Exhibit B

Release, Indemnity, and Assumption of Risks

Lease

Date:

Landlord:

Tenant:

1.Assumption of Risks.      The undersigned acknowledges that (a) dangerous natural or man-made conditions may exist or occur on the Premises described in the lease, including streams and rivers with currents and water that may be deep or flood, hazardous driving and walking conditions, uneven terrain, the presence of wild, domestic, poisonous, or diseased animals, elevated hunting stands, and/or camouflaged sunken hunting blinds; and (b) hunting is an inher­ently dangerous activity involving the use of firearms and other lethal imple­ments and the presence of other hunters. The undersigned assumes all such dangers and risks.

2.Indemnity.      The undersigned will indemnify, defend, and hold Landlord and its Agents, employees, invitees, licensees, or visitors (collectively, “Land­lord Parties”) harmless against all claims, damages, and costs (collectively, “Claims”) incurred by or alleged against Landlord Parties and arising out of or relating to any act or omission of the undersigned or any of the undersigned’s Agents, employees, contractors, licensees, or visitors (collectively, “Hunter”) while at the Premises, including any Claims based on any (a) injury to or death of any person, (b) damage to or loss of property, or (c) failure of Hunter to comply with any applicable laws or the lease.

3.Release.      The undersigned waives all Claims against Landlord Parties and releases Landlord Parties from any liability, based on any (a) injury to or death of Hunter or (b) damage to or loss of any property belonging to Hunter.

4.Negligence of Landlord.      The foregoing indemnities, waivers, and releases will apply even if the incident giving rise to the Claim is caused in whole or in part by the condition of the Premises or by the sole or concur­rent ordinary negligence of any or all of Landlord Parties (but not to the extent caused in whole or in part by the gross negligence or willful miscon­duct of Landlord Parties).

   
[Name of tenant]

[Date]