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Agreements covering that portion of the Herd which was covered by the terminated Herd
Agreement (s). If a replacement Herd Agreement is not obtained within the specified
time period, this Agreement may be terminated by Association pursuant to subsection
14.A below. In seeking a replacement Herd Agreement, Association may for its
own account determine to take on the obligations under a terminated Herd Agreement;
13.
A. This agreement may be terminated by Association upon ninety (90) days
notice to Boarder so long as Association shall terminate all the Herd Agreements at the
same time or has found a replacement Herd Agreement for this Agreement.
B.
This Agreement may be terminated by Boarder (a) if Boarder together
with other Herd Owners having Herd Agreements which together cover a majority of the
cows in the Herd notify Association of the termination of the Herd Agreements within a
period of twenty (20) days of each other; (b) or Boarder has found another person who is
acceptable to Association who acquires Boarder's interest in the Herd and signs a Herd
Agreement substantially the same as this one.
C.
Upon termination of this Agreement pursuant to subsections 14.A and B
above, without a replacement Herd Agreement being signed, transfer of ownership of the
animals in the Herd will be to Boarder.
D.
If this Agreement is terminated with a replacement Herd Agreement being
signed, Boarder agrees to sell Boarder's interest in the Herd to the person(s) signing the
replacement Herd Agreement so long as Association shall receive a price at least equal to
the price Association originally paid for Association's interest in the Herd.
14.
Force Majeure. Notwithstanding anything to the contrary in this Agreement,
Boarder and Association shall not be responsible for any delay or failure of its
performance under this Agreement if the delay or failure is caused by any matter beyond
the control of either party including, but not limited to, an illness in the Herd not caused
by a breach of Boarder's duties under this Agreement and which Boarder has promptly
taken steps to have treated or corrected, death of cows in the Herd which does not result
from a breach by Boarder of its duties under this Agreement, government regulations,
public emergency or necessity, legal restrictions, labor disputes and actions related
thereto, riot, war, insurrection; windstorms, rainstorms, snowstorms, floods or other acts
of God.
15.
Miscellaneous.
A.
Construction. When necessary for proper construction, the masculine of
any word used in this Agreement shall include the feminine and neuter gender, the
singular, the plural, and vice versa.
B.
Governing Law. This Agreement is being executed and delivered in the
State of Tennessee and shall be construed in accordance with and governed by Common
Law associated with sovereign citizens first and the laws of such state second.
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