Bypassed Crops Sample Clauses

Bypassed Crops. Raw Products fit for harvesting and suitable for processing under the provisions of the Raw Product Plan which are not harvested at the direction of Agrilink shall be referred to as "Bypassed Crops." Sharing of the economic impact of Bypassed Crops among Agrilink, Pro-Fac members and contract growers of the applicable Covered Crop shall be governed by the applicable provisions of the annual crop agreement for purchase of the affected Covered Crop. All determinations made with respect to Bypassed Crops, including, without limitation, expected yields, costs not incurred for harvest and allocation among affected Pro-Fac members, shall be made by Agrilink in good faith in a manner consistent with the past custom and practice of the parties.
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Bypassed Crops. Raw Products fit for harvesting and suitable for processing under the provisions of the Seneca Plan which are not harvested at the direction of Seneca shall be referred to as "Bypassed Crops." Payments by Seneca for Bypassed Crops shall be governed by the provisions of this Section 13. The quantity of the Bypassed Crops shall be determined by harvesting a portion of the planting, sampling, or some other means acceptable to the parties to determine the yield of the unharvested acreage and the amount of Bypassed Crops. Initially, the value of such Bypassed Crops shall be the price which would have been payable had such Bypassed Crops been harvested and delivered in accordance with the Seneca Plan, less any cost not incurred for harvesting and delivering such Bypassed Crops as set forth in the Seneca Plan, and plus any costs associated with determining the yields of the unharvested acreage of the Bypassed Crops. The value of the bypassed crops shall be held in a "bypassed pool", which shall be established for each commodity separately. Compensation to cover the expense of the bypassed pool shall be shared equally between Seneca/CMF and the growers for that specific commodity, such that the growers contribute 50% of the expenses and Seneca/CMF match the grower contributions, to a maximum dollar value equal to 7% of the total value of that commodity. Any expenses that exceed the 7% limit shall be borne by the growers if the excess is the result of agricultural perils, and if the excess is the result of plant operations issues shall be borne by Seneca and/or CMF. The allocation of the excess, if any, between Seneca and CMF shall be mutually agreed upon at the end of each growing season.
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Related to Bypassed Crops

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