Exemption From Proof of Sale Requirements. Proof of sale is not required in the following circumstances: (i) For sale proceeds of Agricultural Product(s) in Production made between the beginning of the Production Period and January 31, 2024, if the Agricultural Product(s) in Production is not converted to Agricultural Product in Post-Production by providing the Administrator with a Post-Production Report before December 31, 2023; (ii) To the extent the Producer makes a payment of $10,000.00, or 10% of the total amount of the Advance, whichever is greater. Repayment(s) without proof of sale must be made prior to or on the last day of the Production Period. If the Producer repays an amount in excess of such amounts without providing proof of sale for the Agricultural Product(s), the Producer will be charged RWPS Interest on the excess amount from the day the Advance was issued to the day the repayment is made. The Producer shall have twenty-one (21) calendar days to pay the accrued RWPS Interest or be declared in default. (iii) For Continuous Flow Operations, Producers who receive an Advance for a Continuous Flow Operation are not required to make repayments from the sale proceeds of Livestock or to provide proof of sale for their Livestock, so long as they maintain the permanent inventory set out in their Application Worksheet, provided that if there is a reduction in the permanent inventory which is not immediately replaced: (A) if the reduction in permanent inventory is not attributable to a decision of the Producer to reduce their inventory, the Producer shall pay the amount of the Overpayment together with Interest on that portion from the date of the Advance (other than the portion on which Interest has been paid by the Government of Canada) within thirty (30) days of the date notice is provided to the Producer requiring the Overpayment to be made. If payment is not made, the Administrator may declare the Producer in Default, and (B) if the reduction in permanent inventory is made as a result of a decision of the Producer to sell or dispose of or otherwise reduce their permanent inventory, the Producer shall no longer be a Continuous Flow Operation, and shall provide Proof of Sale with respect to all Livestock sold or disposed of in relation to the reduction in permanent inventory, and also provide Proof of Sale for all future sales in accordance with this Agreement. The amount of the Overpayment shall be paid to the Administrator within thirty (30) days from the date notice is provided by the Administrator to the Producer to do so, failing which the Administrator may declare the Producer in Default. (iv) If a Producer becomes deceased or is mentally incapable of making decisions; or (v) The Administrator, in the Administrator’s discretion, is satisfied through inspection or third party verification that the Eligible Agricultural Product in respect of which the Advance was made has not been sold or disposed of by the Producer, provided that all costs of the inspection or third party verification must be paid by the Producer;
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Samples: Advance Payments Program Application and Repayment Agreement, Advance Payments Program Application and Repayment Agreement, Advance Payments Program Application and Repayment Agreement
Exemption From Proof of Sale Requirements. Proof of sale is not required in the following circumstances:
(ia) For sale proceeds of Agricultural Product(s) in Production made between the beginning of the Production Period and January 31, 20242025, if the Agricultural Product(s) in Production is not converted to Agricultural Product in Post-Production by providing the Administrator with a Post-Production Report before December 31, 2023;2024.
(iib) To the extent the Producer makes a payment one or more payment(s) in the aggregate of less than $10,000.00, or 10% of the total amount of the Advance, whichever is greater. Repayment(s, repayment(s) without proof of sale must be made prior to or on the last day of the Production Period. If the Producer repays an amount in excess of such amounts without providing proof of sale for the Agricultural Product(s), the Producer will be charged RWPS Interest on the excess amount from the day the Advance was issued to the day the repayment is made. The Producer shall have twenty-one (21) calendar days to pay the accrued RWPS Interest or be declared in default.
(iiic) For Continuous Flow Operations, Producers who receive an Advance for a Continuous Flow Operation are not required to make repayments from the sale proceeds of Livestock or to provide proof of sale for their Livestock, so long as they maintain the permanent inventory set out in their Application Worksheet, provided that if there is a reduction in the permanent inventory which is not immediately replaced:
(A) A. if the reduction in permanent inventory is not attributable to a decision of the Producer to reduce their inventory, the Producer shall pay the amount of the Overpayment together with Interest on that portion from the date of the Advance (other than the portion on which Interest has been paid by the Government of Canada) within thirty (30) days of the date notice is provided to the Producer requiring the Overpayment to be made. If payment is not made, the Administrator may declare the Producer in Default, and
(B) and B. if the reduction in permanent inventory is made as a result of a decision of the Producer to sell or dispose of or otherwise reduce their permanent inventory, the Producer shall no longer be a Continuous Flow Operation, and shall provide Proof of Sale with respect to all Livestock sold or disposed of in relation to the reduction in permanent inventory, and also provide Proof of Sale for all future sales in accordance with this Agreement. The amount of the Overpayment shall be paid to the Administrator within thirty (30) days from the date notice is provided by the Administrator to the Producer to do so, failing which the Administrator may declare the Producer in Default.
(ivd) If a Producer becomes deceased or is mentally incapable of making decisions; or
(ve) The Administrator, in the Administrator’s discretion, is satisfied through inspection or third third-party verification that the Eligible Agricultural Product in respect of which the Advance was made has not been sold or disposed of by the Producer, provided that all costs of the inspection or third party verification must be paid by the Producer;
Appears in 3 contracts
Samples: Advance Payments Program Application and Repayment Agreement, Advance Payments Program Application and Repayment Agreement, Advance Payments Program Application and Repayment Agreement
Exemption From Proof of Sale Requirements. Proof of sale is not required in the following circumstances:
(i) For sale proceeds of Agricultural Product(s) in Production made between the beginning of the Production Period and January 31, 20242021, if the Agricultural Product(s) in Production is not converted to Agricultural Product in Post-Production by providing the Administrator with a Post-Production Report before December 31, 20232020;
(ii) To the extent the Producer makes a payment of $10,000.00, or 10% of the total amount of the Advance, whichever is greater. Repayment(s) without proof of sale must be , provided that the payment is made prior to or on the last day of the Production Period. If the Producer repays an amount in excess of such amounts without providing proof of sale for the Agricultural Product(s), the Producer will be charged RWPS Interest on the excess amount from the day the Advance was issued to the day the repayment is made. The Producer shall have twenty-by no later than twenty one (21) calendar days to pay before the accrued RWPS Interest or be declared in default.end of the Production Period for the Eligible Agricultural Product;
(iii) For Continuous Flow Operations, Producers who receive an Advance for a Continuous Flow Operation are not required to make repayments from the sale proceeds of Livestock or to provide proof of sale for their Livestock, so long as they maintain the permanent inventory set out in their Application Worksheet, provided that if there is a reduction in the permanent inventory which is not immediately replaced:
(A) if the reduction in permanent inventory is not attributable to a decision of the Producer to reduce their inventory, the Producer shall pay the amount of the Overpayment together with Interest on that portion from the date of the Advance (other than the portion on which Interest has been paid by the Government of Canada) within thirty (30) days of the date notice is provided to the Producer requiring the Overpayment to be made. If payment is not made, the Administrator may declare the Producer in Default, and
(B) if the reduction in permanent inventory is made as a result of a decision of the Producer to sell or dispose of or otherwise reduce their permanent inventory, the Producer shall no longer be a Continuous Flow Operation, and shall provide Proof of Sale with respect to all Livestock sold or disposed of in relation to the reduction in permanent inventory, and also provide Proof of Sale for all future sales in accordance with this Agreement. The amount of the Overpayment shall be paid to the Administrator within thirty (30) days from the date notice is provided by the Administrator to the Producer to do so, failing which the Administrator may declare the Producer in Default.;
(iv) For Livestock other than Livestock subject to Continuous Flow Operations;
(v) If a Producer becomes deceased or is mentally incapable of making decisions; or
(vvi) The Administrator, in the Administrator’s discretion, is satisfied through inspection or third party verification that the Eligible Agricultural Product in respect of which the Advance was made has not been sold or disposed of by the Producer, provided that all costs of the inspection or third party verification must be paid by the Producer;
Appears in 1 contract
Samples: Advance Payments Program Application and Repayment Agreement
Exemption From Proof of Sale Requirements. Proof of sale is not required in the following circumstances:
(i) For sale proceeds of Agricultural Product(s) in Production made between the beginning of the Production Period and January 31, 20242021, if the Agricultural Product(s) in Production is not converted to Agricultural Product in Post-Production by providing the Administrator with a Post-Production Report before December 31, 20232020;
(ii) To the extent the Producer makes a payment of $10,000.00, or 10% of the total amount of the Advance, whichever is greater. Repayment(s) without proof of sale must be , provided that the payment is made prior to or on the last day of the Production Period. If the Producer repays an amount in excess of such amounts without providing proof of sale for the Agricultural Product(s), the Producer will be charged RWPS Interest on the excess amount from the day the Advance was issued to the day the repayment is made. The Producer shall have twenty-by no later than twenty one (21) calendar days to pay before the accrued RWPS Interest or be declared in default.end of the Production Period for the Eligible Agricultural Product;
(iii) For Continuous Flow Operations, Producers who receive an Advance for a Continuous Flow Operation are not required to make repayments from the sale proceeds of Livestock or to provide proof of sale for their Livestock, so long as they maintain the permanent inventory set out in their Application Worksheet, provided that if there is a reduction in the permanent inventory which is not immediately replaced:they
(A) if the reduction in permanent inventory is not attributable to a decision of the Producer to reduce their inventory, the Producer shall pay the amount of the Overpayment together with Interest on that portion from the date of the Advance (other than the portion on which Interest has been paid by the Government of Canada) within thirty (30) days of the date notice is provided to the Producer requiring the Overpayment to be made. If payment is not made, the Administrator may declare the Producer in Default, and
(B) if the reduction in permanent inventory is made as a result of a decision of the Producer to sell or dispose of or otherwise reduce their permanent inventory, the Producer shall no longer be a Continuous Flow Operation, and shall provide Proof of Sale with respect to all Livestock sold or disposed of in relation to the reduction in permanent inventory, and also provide Proof of Sale for all future sales in accordance with this Agreement. The amount of the Overpayment shall be paid to the Administrator within thirty (30) days from the date notice is provided by the Administrator to the Producer to do so, failing which the Administrator may declare the Producer in Default.;
(iv) For Livestock other than Livestock subject to Continuous Flow Operations;
(v) If a Producer becomes deceased or is mentally incapable of making decisions; or
(vvi) The Administrator, in the Administrator’s discretion, is satisfied through inspection or third party verification that the Eligible Agricultural Product in respect of which the Advance was made has not been sold or disposed of by the Producer, provided that all costs of the inspection or third party verification must be paid by the Producer;
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Samples: Advance Payments Program Application and Repayment Agreement