EXHIBIT 10.6
LICENSE AGREEMENT
THIS
LICENSE AGREEMENT ("License") made and entered into
effective as
of the 8 day of February, 2007, by and between
CLARENCE L.
WERNER, TRUSTEE OF THE CLARENCE L.
WERNER REVOCABLE
TRUST,
hereinafter
referred to
as "Licensor," and WERNER
ENTERPRISES, INC., herein referred to as the "Licensee."
RECITALS
WHEREAS,
Licensor owns and controls certain real property
located west of Valley, Nebraska, on the Platte River; and
WHEREAS,
Licensee desires to
obtain, and Licensor desires to
grant, a non-exclusive, restrictive right
for Licensee and its
invitees to
hunt and fish on said property owned by Licensor,
subject to the terms of this License; and
WHEREAS,
the terms of this Agreement are intended to reflect
the agreement and
understanding of the parties with respect to the
subject matter
herein, as separated from the original Lease
Agreement between the parties, dated May 21, 2002.
NOW,
THEREFORE,
in consideration of the covenants and
agreements contained
within this License, the parties hereto agree
as follows:
1.
Non-exclusive License
to Hunt and
Fish on Premises.
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Licensor hereby grants to Licensee a non-exclusive, restricted
right
for the use of Licensee and its invitees to hunt game birds and
fish
for recreational purposes on the area owned by Licensor as
described
on Exhibit "A" hereto (the "Land"). Licensor agrees to use its
best
efforts to maintain a
Controlled Shooting Area Permit on the Land
while this Agreement is in effect.
2.
License
Term. The term of this
License shall be for
a
------------
period of one (1) year, commencing on the effective date hereof.
The
License and terms of
this Agreement shall automatically renew for
additional one-year terms, provided that either party may
terminate
such License
Agreement upon written notice to the other party
provided not
less than thirty (30)
days prior to the end
of the
current term hereof.
3.
Consideration. In
consideration of this License to hunt
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and fish on the Land, Licensee hereby agrees to pay to
Licensor:
1
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a. an
amount equal to all real property taxes and
special assessments levied against the Land during the term
of
this
Licensee; and
b. the
cost of all fertilizer and seed used by
Licensor to maintain
the hunting cover,
milo crops, and
any
other crops located on the Land.
4.
Farming.
During the term of this License, Licensor shall
-------
use its equipment to seed and maintain the
hunting cover, milo
crops, and any other
crops located on the Land. Farming shall be
conducted in
such a manner as to maximize hunting cover for
pheasants and
other game birds.
The proceeds from any
crops, if
any, shall be the property of Licensor.
5.
Compliance
With Laws. Licensee
shall, and shall require
--------------------
all of its invitees
to, comply with all hunting, fishing and other
applicable laws of the State of Nebraska and local governing
bodies
at all times when utilizing the Land.
6.
Indemnification.
Licensee shall
indemnify and hold
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harmless Licensor
from and against loss, damage and expense
(including reasonable attorneys' fees and legal expenses) for
bodily
injury
(including death)
to persons and damage to property
approximately caused by the negligent acts or omissions of
Licensee
or its invitees, or Licensee's or its invitee's intentional
wrongful
actions arising
from Licensee's
performance under
this License,
except to the extent that any such loss or damage or expenses
caused
by or arises from the
negligence or intentionally wrongful acts or
omissions of Licensor or its invitees.
Licensor
shall indemnify and hold harmless Licensee from and
against loss,
damage and expense
(including reasonable
attorneys'
fees and legal expenses) for bodily injury
(including death)
to
persons and damage to property approximately caused by the
negligent
acts or omissions of Licensor or its invitees, or Licensor's or
its
invitee's intentional
wrongful actions arising from Licensor's
performance under this License, except to the extent that
any such
loss or da
