Crop Damage. If, during the Lease Term, loss of crop cultivation by the Owner results from ingress and egress to and from the Property by the Lessee under the terms of this Lease, such ingress and egress being outside of what the parties agree to in developing, operating and maintaining the Wind Energy Conversion Systems and related infrastructure, Lessee shall pay the “Crop Loss Compensation” fee to Owner within sixty (60) days after the expiration of the Lease Year in which the crop loss occurred. Such Crop Loss Compensation shall only be made once and shall not be perpetual. For the sake of clarity, the other compensation contemplated in Article 3 of this Agreement shall be considered adequate compensation for any permanent loss of crop cultivation as a result of the permitted use of the Property as listed in Section 1.2 of this Agreement. Crop Loss Compensation resulting from the activities by Lessee shall be based on the sum of the land area in the Property cultivated by Owner during the three (3) years prior to the Effective Date and not cultivated as a direct result of activities by Lessee under the terms of this Lease. Damages for crop and pasture land loss will be calculated by the following formula: Current Market Price x Yield Per Acre x Acres Lost = Damages. Yield will be determined by the average of the previous three years’ yields for the Premises. If Lessor does not have yield records available, Lessor and Lessee shall use commonly used yield information available for the area. This shall be a one time lump sum payment for temporary loss during construction or maintenance.
Crop Damage. In the event that Optionee’s due diligence and/or conveyance of the Property to Optionee shall occur after Optionor, or its tenants and/or agents, plants crops, but before harvest of those crops, the parties hereto mutually agree that Optionor shall have the right, upon notice to the Optionee and at the Optionee’s convenience, to harvest any crops not destroyed by the Optionee in the process of its due diligence and/or its construction of an ethanol plant and related improvements thereto. The Optionee shall have no duty to preserve any of such crops, and the Optionor accepts as liquidated damages (in lieu of any and all other damages) an amount equal to the most recent USDA proven yield for the commodity planted on the Property in the year of damage multiplied by the USDA four year average price for the commodity grown in the year of damage, multiplied by the number of acres, or fractional acres, of crop destroyed on the Property. If the parties cannot mutually agree upon the number of crop acres damaged, the number of such cop acres damaged shall be measured by an independent third-party as the parties hereto may mutually identify.
Crop Damage. Landlord will avoid actions which cause damage to or destruction of Tenant's crops. Landlord shall not be responsible or compensate Tenant for damage to Tenant's crops because of vandalism, wildlife, fire, explosion, hunting, the elements, or any other cause beyond the reasonable control of Landlord.
Crop Damage. In the event the closing and conveyance of the Property to Optionee shall occur after Optionor plants crops, but before harvest of those crops, the parties hereto mutually agree that Optionor shall have the right, upon notice to the Optionee and at the Optionee’s convenience, to harvest any crops not destroyed by the Optionee in the process of its due diligence and/or its constructing of the ethanol plant and related improvements thereto. Damage to crops shall be calculated for all purposes under this Option Agreement as follows: Optionee shall pay Optionor additional $175.00 per tillable acre for corn and $175.00 per tillable acre for soybeans for the actual number of acres, or fractional acres, of crop destroyed on the Property by the Optionee prior to the harvest of such crop acres by the Optionor in exchange for Optionor transferring all of its right, title, and interest in and to such crops to Optionee. The number of such acres destroyed shall be measured by a surveyor selected by Optionee and the fee for such measurement shall be borne by the Optionee. Optionee shall have no duty to preserve any of such crops, and Optionor accepts the payment specified in this Subparagraph (j) as liquidated damages (in lieu of any and all other damages) in complete payment of all actual costs incurred by Optionor for seed, fertilizer, and pesticides.
Crop Damage. The Department will avoid actions which cause damage to or destruction of Tenant's crops. The Department shall not be responsible or compensate Tenant for any damage to Tenant's crops for any reason, including but not limited to vandalism, wildlife, fire, explosion, hunting, weather, or any other cause.
Crop Damage. These are warnings of conditions (other than frost) conducive to specific crop damage (by disease or direct physical damage).
Crop Damage. Beginning not later than March 1 in the first year of Substantial Completion of the Comprehensive Project1 (estimated 2027) and continuing for as long as any floodwaters are diverted by operation of the Comprehensive Project, the Authority will implement and fund, at no cost to landowners/producers, a program including growing season crop insurance and prevent plant insurance programs for damages caused by the operation of the Comprehensive Project. These programs will include the following requirements:
a. The growing season crop insurance will reimburse one hundred percent (100%) of any crop loss proximately caused by the operation of the Comprehensive Project, i.e. to ensure that producers are reimbursed for crop loss up to said producer’s proven yield as established through crop insurance or governmental filings. The growing season crop insurance program will include a rebuttable presumption that if growing crops in the storage area are damaged by flood waters and the Comprehensive Project operated, that the crop damages were due to Comprehensive Project Operation. The parties contemplate that a crop insurance rider will be designed, and the rider will be paid for by the Authority at no cost to landowners/producers.
1 Substantial Completion of the Comprehensive Project may be further defined in the Settlement Agreement, but means herein that the Comprehensive Project can be operated, but may have a list of punch list items, from seeding, to correcting doors, fixtures, stripping and other items that need to be completed to close out the project, but which will not prevent it from operating.
b. The prevent plant program will be funded by the Authority for producers located within the Staging Area.
c. The crop insurance and prevent plant programs contemplated in this Section 19 shall contain the following provisions:
i. If an agricultural crop is grown for the non-GMO (Genetically Modified Organism) or certified organic marketplace and the premium for production of the non-GMO or certified organic crop is lost because of staging water in the Staging Area, contamination or other reasons due to operation of the Comprehensive Project, the crop insurance and prevent plant rider provided by the Authority must provide compensation for the lost premium based upon Actual Production History for the non-GMO or certified organic crop.
ii. The crop insurance and prevent plant rider provided by the Authority must provide that if Comprehensive Project operation causes ...
Crop Damage. Grantee will reimburse Grantor for reasonable damage to growing crops in the Easement Area to the extent directly caused by Grantee’s operations, provided that: (i) such reimbursement shall be made by Grantee at the end of the calendar year in which such crops were planted, or on another mutually agreed upon date, and not in subsequent years; (ii) such reimbursement shall be based on currently applicable proven, historical production yield data and currently applicable Farm Service Agency prices for the area; and (iii) such crops are not planted within an area previously designated by Grantee as a Restricted Area. Grantee further agrees to restore any drainage tile on the Easement Area damaged by Grantee’s operations. Grantor may select the contractor to perform such drainage repairs (“Tile Contractor”) provided that the total cost for the work by Tile Contractor shall not exceed the total cost quoted for such work by Grantee’s contractor by more than ten (10%) percent and such work shall be performed so as not to delay Grantee’s project. Grantor shall hold harmless the Grantee for work performed by the Tile Contractor selected by Grantor.
Crop Damage. If Grantee causes the destruction of existing growing crops on any part of the Property located more than five feet from areas occupied by the Windpower Facilities or Transmission Facilities, Grantee shall compensate Owner as calculated below (the “Crop Damage Payment”). In no case shall Grantee be required to pay more than a single, total crop loss in any one crop year on any given property. The Crop Damage Payment will be calculated using the following formula: Unit Price x 100% x Unit Yield Per Acre x Acres Damaged = Damages, where Unit Price, Unit Yield Per Acre and Acres Damaged will be calculated in accordance with clause (a) above. For damage caused between Start of Construction and the Commercial Operation Date, the Crop Damage Payment shall be made as part of the Installation Payment within sixty (60) days of the Commercial Operation Date or such later date on which such damages are determined. For damage caused after the Commercial Operation Date, the Crop Damage Payment shall be made within 30 days after determining extent of damage.
Crop Damage. In the event that Optionee's due diligence or closing shall occur after having planted crops, but before harvest of those crops, the parties hereto mutually agree that Optionor shall have the right, upon notice to the Optionee and at the Optionee's convenience, to harvest any crops not destroyed by the Optionee in the process of its due diligence and/or its constructing of the ethanol plant and related improvements thereto. The Optionee shall have no duty to preserve any of such crops, and the Optionor accepts as liquidated damages (in lieu of any and all other damages) an amount equal to 125% of the Iowa State University estimated per acre crop input cost for Cerro Gordo County, Iowa for the 2003 crop year for the number of acres, or fractional acres, of crop destroyed on the Property by the Optionee prior to the harvest of such crop acres by the Optionor. The number of such acres shall be measured by a third-party as the parties hereto may mutually identify.
