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<br />same at least monthly or in accordance with accepted farming practices. Any vegetation plan <br /> <br />followed or proposed must provide adequate nutrient uptake rates and be otherwise compatible with <br /> <br /> <br />sludge disposal requirements. CITY and Property Owner will cooperate in developing suitable <br /> <br /> <br />Sludge application schedules and procedures to accommodate the required rate of Sludge disposal <br /> <br /> <br />and the farming operations. CITY agrees to deliver sludge produced, to which Property Owner has <br /> <br /> <br />the exclusive right. Property Owner shall have all rights to crops or forage, except if Property <br /> <br /> <br />Owner should discontinue farming the site to the detriment of the Sludge disposal operation CITY <br /> <br /> <br />shall have the right to take over farming operations and then shall have all rights to crops or forage. <br /> <br /> <br />Sec. 3.3 - Indemnification. CITY will defend any suit brought against Property Owner as a result <br /> <br /> <br />of CITY'S application of Sludge on Application Site and will indemnify and hold harmless Property <br /> <br /> <br />Owner for damages for which Property Owner becomes liable, as a result thereof. CITY will <br /> <br /> <br />purchase Application Site from Property Owner should irreparable environmental damage result to <br /> <br /> <br />said site as a result of Sludge application. The Application Site shall be appraised by Pat Murphy & <br /> <br /> <br />Associates to establish the value per acre of the application site as soon as practicable after the <br /> <br /> <br />discovery of such irreparable environmental damage occurs. CITY will pay for said appraisal which <br /> <br /> <br />will be attached hereto as Exhibit E. Should only part of the Application Site be damaged the CITY <br /> <br /> <br />may purchase either all of the site or just the damaged portion, at its option. In the event that Pat <br /> <br /> <br />Murphy & Associates is not available to perform such appraisal, then the CITY shall select an <br /> <br /> <br />appraiser and BARROW shall have the right to either agree to the selected appraiser or reject and <br /> <br /> <br />require the CITY to condemn the property. If the appraiser is rejected, then CITY is required to go <br /> <br /> <br />through the condemnation procedure to acquire the property. <br /> <br /> <br />Sec. 3.4 - Ownership of Equipment. CITY shall retain ownership of all buildings, equipment and <br /> <br />piping which CITY installs on Application Site and may remove the same at any time during the <br /> <br />-4- <br />