Crop Damage. If, during the Lease Option 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 the Wind Energy Lease 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 the Wind Energy Lease. 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. 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. 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. These are warnings of conditions (other than frost) conducive to specific crop damage (by disease or direct physical damage). Standard Service
Crop Damage. Section 20.01 CROP DAMAGE CAUSED BY THE COMPREHENSIVE PROJECT. Beginning no later than March 1 in the first year of Substantial Completion of the Comprehensive Project (estimated 2027) and continuing through the Termination Date, the Diversion Authority will implement and fund, at no cost to landowners/producers, a program that will compensate producers for actual crop losses caused by the Comprehensive Project Operation during the normal crop growing season and the program will provide prevent plant insurance coverage. The Diversion Authority shall provide an update regarding the status of the growing season crop insurance and prevent plan insurance programs to the Parties every six (6) months commencing on the Effective Date of this Settlement Agreement. These programs will include the following requirements:
(a) The growing season supplemental crop loss program will reimburse one hundred percent (100%) of any crop loss proximately caused by Comprehensive Project Operation, 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 supplemental crop loss program will include a rebuttable presumption that if growing crops in the Staging Area are damaged by floodwaters and the Comprehensive Project Operation has occurred, 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 Diversion Authority at no cost to landowners/producers.
(b) The prevent plant crop insurance program will be funded by the Diversion Authority for producers located within the Staging Area.
(c) The growing season supplemental crop loss program and prevent plant crop insurance program contemplated in this Section 20 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 Comprehensive Project Operation, the growing season supplemental crop loss program and prevent plant crop insurance program provided by the Diversion Authority must provide compensation for the lost premium based upon Actual Production History yield for the non-GMO or certified organic crop.
(ii) The growing season supple...
Crop Damage. The parties anticipate and acknowledge that Owner or Owner’s renters may suffer damage to crops on the Premises during Project Company’s construction and installation of Solar Facilities on the Premises. Project Company will compensate Owner for crop loss or destruction on the Premises due to Project Company’s activities. Crop damages will be calculated by the following formula: Price x Yield x Percentage of Damage x Acreage = Crop Damages Prices for damaged or destroyed crops will be based on the average of the last previous March 1st and September 1st prices for that crop in the county where the Premises is located (or other commonly used yield information available for the area). Yield will be the average of the previous two (2) years’ yields of the same crop as the damaged crop, according to Owner’s records, as received from and certified by Owner, for the smallest parcel of land that includes the damaged area. For purposes of the foregoing, “Owner’s records” will include, but not be limited to, warehouse/elevator receipts, applications for crop insurance and scale tickets from grain cart or yield monitors on combines. If Owner does not have yield records available, the Owner will use FSA records for the county in which the Premises is located (or other commonly used yield information available for the area) for the smallest parcel of land which includes the damaged area. The parties hereto will try in good faith to agree to the extent of damage and acreage affected. If the parties hereto cannot agree, they will have the area measured and extent of damage assessed by an impartial party such as a crop insurance adjuster or extension agent. Payment of crop damages and/or compaction damages will be made within thirty (30) days after determining the extent of damage. After the Operation Date, Project Company will not be responsible to pay Owner or Owner’s renters any loss of income, rent, business opportunities, profits or other losses arising out of Owner’s inability to grow crops or otherwise use the portion of the Premises occupied by Solar Facilities. Project Company will not be responsible for paying any compensation to Owner arising out of Owner’s inability to grow future crops on the Premises or Owner’s inability to use the Premises for any other purpose.
Crop Damage. The parties anticipate and acknowledge that, in the exercise of Xxxxxx’s construction rights granted under Section 2(b), Lessee may damage or destroy crops on Owner’s Property. If any of Owner’s growing crops are materially damaged or destroyed as a result of such activities of Lessee during the Construction Term, then Lessee shall promptly pay to Owner an amount equal to the greater of (x) the actual out-of-pocket costs theretofore incurred by Owner in planting, irrigating, and fertilizing such growing crops in the applicable calendar year (excluding any and all capital expenditures, including, without limitation, the cost of cattle, farm equipment, or machinery), or (y) the fair market value of such growing crops in their condition prior to such damage, destruction, or removal as established by multiple peril crop insurance historic yields for the immediately preceding 10 years.
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.
