Common use of Crop Damage Clause in Contracts

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. 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 Richland County USDA proven yield for the commodity planted on the Property in the year of damage multiplied by the Richland County 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 crop acres damaged shall be measured by an independent third-party as the parties hereto may mutually identify.

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 Richland County USDA proven yield for the commodity planted on the Property in the year of damage multiplied by the Richland County 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. In the event that Optionee’s 's due diligence and/or closing and conveyance of the Property to Optionee shall occur after Optionor, or its tenants and/or agents, Leasee plants crops, but before harvest of those crops, the parties hereto mutually agree that Optionor Leasee shall have the right, upon notice to the Optionee and at the Optionee’s Leasee's convenience, to harvest any crops not destroyed destroyed, directly or indirectly, by the Optionee in the process of its due diligence and/or its construction constructing of an the ethanol plant and related improvements thereto. The Optionee shall have no duty to preserve any of such crops, and the Optionor Leasee accepts as liquidated damages (in lieu of any and all other damages) an amount equal to 120% of the most recent USDA proven yield actual per acre crop input cost incurred by Xxxxxxx Brothers Partnership on the Premises 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, applicable crop multiplied by the number of acres, or fractional acres, of crop destroyed on the Property. If Property by the parties cannot mutually agree upon Optionee prior to the number harvest of such crop acres damaged, by the Leasee. The number of such cop acres damaged destroyed shall be measured by an independent a third-party as the parties hereto may mutually identify.