Common use of Death of a Party Clause in Contracts

Death of a Party. 17.1 If the Share Xxxxxx dies during the period of the agreement, this agreement will terminate as from the date of death except that the Landowner shall be at liberty to employ another contractor to complete the obligations of the Share Xxxxxx hereunder in respect of any crop that has been planted in which case the personal representatives of the Share Xxxxxx shall be entitled to any monies due to the Share Xxxxxx from the sale of that crop in accordance with this agreement less the cost of the services of the said contractor. 17.2 In the circumstances outlined in Clause 17.1 the Landowner shall have the right without further consent or agreement from the Personal Representatives of the Share Xxxxxx to sell the entire crop when harvested at the best commercial terms reasonably available and shall account to the Personal Representatives of the Share Xxxxxx for the Share Xxxxxx’x share of the proceeds of sale in accordance with this Agreement but subject to the provisions of clause 17.1 17.3 If the Landowner dies during the period of the agreement, the agreement shall terminate when the harvest of any crop that has been planted before that date is completed and the Personal Representatives of the Landowner shall be paid any monies due to the Landowner on foot of this Agreement but shall have no right to participate in the farming activities contemplated by this Agreement nor to interfere in any way with the Cropping Operations and Harvesting undertaken by the Share Xxxxxx until the date the Agreement shall terminate. 17.4 In the circumstances outlined in Clause 17.3 the Share Xxxxxx shall have the right without further consent or agreement from the Personal Representatives of the Landowner to sell the entire crop when harvested at the best commercial terms reasonably available and shall account to the Personal Representatives of the Landowner for the Landowner’s share of the proceeds of sale in accordance with the provisions of this Agreement but subject to the provisions of this Clause. 17.5 In the event of the death of either party all Livestock coming within the terms of this Agreement shall be divided between the surviving party and the personal representatives of the deceased party proportionately in value according to the undivided shares specified in TABLE E PART 2 hereof. If they cannot agree on the values of the animals to be divided or on a method for fixing those values within one month from the date of death of the deceased party all animals subject to this Agreement shall be sold to bona fide buyers acting at arms length and the proceeds divided proportionately with the undivided shares specified in TABLE E PART 2 hereof.

Appears in 2 contracts

Samples: Share Farming Agreement, Share Farming Agreement

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Death of a Party. 17.1 If the Share Xxxxxx Farmer dies during the period of the agreement, this agreement will terminate as from the date of death except that the Landowner shall be at liberty to employ another contractor to complete the obligations of the Share Xxxxxx Farmer hereunder in respect of any crop that has been planted in which case the personal representatives of the Share Xxxxxx Farmer shall be entitled to any monies due to the Share Xxxxxx Farmer from the sale of that crop in accordance with this agreement less the cost of the services of the said contractor. 17.2 In the circumstances outlined in Clause 17.1 the Landowner shall have the right without further consent or agreement from the Personal Representatives of the Share Xxxxxx Farmer to sell the entire crop when harvested at the best commercial terms reasonably available and shall account to the Personal Representatives of the Share Xxxxxx Farmer for the Share Xxxxxx’x share of the proceeds of sale in accordance with this Agreement but subject to the provisions of clause 17.1 17.3 If the Landowner dies during the period of the agreement, the agreement shall terminate when the harvest of any crop that has been planted before that date is completed and the Personal Representatives of the Landowner shall be paid any monies due to the Landowner on foot of this Agreement but shall have no right to participate in the farming activities contemplated by this Agreement nor to interfere in any way with the Cropping Operations and Harvesting undertaken by the Share Xxxxxx Farmer until the date the Agreement shall terminate. 17.4 In the circumstances outlined in Clause 17.3 the Share Xxxxxx Farmer shall have the right without further consent or agreement from the Personal Representatives of the Landowner to sell the entire crop when harvested at the best commercial terms reasonably available and shall account to the Personal Representatives of the Landowner for the Landowner’s share of the proceeds of sale in accordance with the provisions of this Agreement but subject to the provisions of this Clause. 17.5 In the event of the death of either party all Livestock coming within the terms of this Agreement shall be divided between the surviving party and the personal representatives of the deceased party proportionately in value according to the undivided shares specified in TABLE E PART 2 hereof. If they cannot agree on the values of the animals to be divided or on a method for fixing those values within one month from the date of death of the deceased party all animals subject to this Agreement shall be sold to bona fide buyers acting at arms length and the proceeds divided proportionately with the undivided shares specified in TABLE E PART 2 hereof.

Appears in 1 contract

Samples: Share Farming Agreement

Death of a Party. 17.1 If the Share Xxxxxx dies during the period of the agreement, this agreement will terminate as from the date of death except that the Landowner shall be at liberty to employ another contractor to complete the obligations of the Share Xxxxxx hereunder in respect of any crop that has been planted in which case the personal representatives of the Share Xxxxxx shall be entitled to any monies due to the Share Xxxxxx from the sale of that crop in accordance with this agreement less the cost of the services of the said contractor. 17.2 . In the circumstances outlined in Clause 17.1 the Landowner shall have the right without further consent or agreement from the Personal Representatives of the Share Xxxxxx to sell the entire crop when harvested at the best commercial terms reasonably available and shall account to the Personal Representatives of the Share Xxxxxx for the Share Xxxxxx’x share of the proceeds of sale in accordance with this Agreement but subject to the provisions of clause 17.1 17.3 17.1 If the Landowner dies during the period of the agreement, the agreement shall terminate when the harvest of any crop that has been planted before that date is completed and the Personal Representatives of the Landowner shall be paid any monies due to the Landowner on foot of this Agreement but shall have no right to participate in the farming activities contemplated by this Agreement nor to interfere in any way with the Cropping Operations and Harvesting undertaken by the Share Xxxxxx until the date the Agreement shall terminate. 17.4 . In the circumstances outlined in Clause 17.3 the Share Xxxxxx shall have the right without further consent or agreement from the Personal Representatives of the Landowner to sell the entire crop when harvested at the best commercial terms reasonably available and shall account to the Personal Representatives of the Landowner for the Landowner’s share of the proceeds of sale in accordance with the provisions of this Agreement but subject to the provisions of this Clause. 17.5 . In the event of the death of either party all Livestock coming within the terms of this Agreement shall be divided between the surviving party and the personal representatives of the deceased party proportionately in value according to the undivided shares specified in TABLE E PART 2 hereof. If they cannot agree on the values of the animals to be divided or on a method for fixing those values within one month from the date of death of the deceased party all animals subject to this Agreement shall be sold to bona fide buyers acting at arms length and the proceeds divided proportionately with the undivided shares specified in TABLE E PART 2 hereof.

Appears in 1 contract

Samples: Share Farming Agreement

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Death of a Party. 17.1 If the Share Xxxxxx dies during the period of the agreement, this agreement will terminate as from the date of death except that the Landowner shall be at liberty to employ another contractor to complete the obligations of the Share Xxxxxx hereunder in respect of any crop that has been planted in which case the personal representatives of the Share Xxxxxx shall be entitled to any monies due to the Share Xxxxxx from the sale of that crop in accordance with this agreement less the cost of the services of the said contractor. 17.2 In the circumstances outlined in Clause 17.1 the Landowner shall have the right without further consent or agreement from the Personal Representatives of the Share Xxxxxx to sell the entire crop when harvested at the best commercial terms reasonably available and shall account to the Personal Representatives of the Share Xxxxxx for the Share Xxxxxx’x share of the proceeds of sale in accordance with this Agreement but subject to the provisions of clause 17.1 17.3 If the Landowner dies during the period of the agreement, the agreement shall terminate when the harvest of any crop that has been planted before that date is completed and the Personal Representatives of the Landowner shall be paid any monies due to the Landowner on foot of this Agreement but shall have no right to participate in the farming activities contemplated by this Agreement nor to interfere in any way with the Cropping Operations and Harvesting undertaken by the Share Xxxxxx until the date the Agreement shall terminate. 17.4 In the circumstances outlined in Clause 17.3 the Share Xxxxxx shall have the right without further consent or agreement from the Personal Representatives of the Landowner to sell the entire crop when harvested at the best commercial terms reasonably available and shall account to the Personal Representatives of the Landowner for the Landowner’s share of the proceeds of sale in accordance with the provisions of this Agreement but subject to the provisions of this Clause. 17.5 In the event of the death of either party all Livestock coming within the terms of this Agreement shall be divided between the surviving party and the personal representatives of the deceased party proportionately in value according to the undivided shares specified in TABLE E PART 2 hereof. If they cannot agree on the values of the animals to be divided or on a method for fixing those values within one month from the date of death of the deceased party all animals subject to this Agreement shall be sold to bona fide buyers acting at arms length and the proceeds divided proportionately with the undivided shares specified in TABLE E PART 2 hereof.

Appears in 1 contract

Samples: Share Farming Agreement

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