Common use of Bypassed Crops Clause in Contracts

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.

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.

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 Allens or its designee shall be referred to as "“Bypassed Crops." ” Sharing of the economic impact of Bypassed Crops among AgrilinkAllens, 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 Allens in good faith in a manner consistent with the past custom and practice of the partiesparties to the Prior Agreement.