Crop Compensation Sample Clauses
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Crop Compensation. Grantee shall pay Owner one time compensation for any and all portions of the Property that are taken out of commercial crop production during the construction of the Windpower Facilities, and any and all crops that are removed or damaged as a direct result of Grantee’s construction of the Windpower Facilities on the Property (“Initial Crop Damage Compensation”). Portions of the Property shall be deemed to have been taken out of commercial crop production only to the extent that ▇▇▇▇▇▇▇’s construction of Windpower Facilities on the Property materially interferes with Owner’s ability to farm such portions of the Property during the growing season in which such construction occurs, assuming that Owner was actually farming such portions of the Property immediately prior to Grantee’s commencing construction of the Windpower Facilities on the Property. After construction is complete, Grantee shall be responsible for paying Owner any losses of income, rent, business opportunities, profits or other losses arising out of the damage by the Grantee of any crops growing on the Property as a result of the existence or operations of the Windpower Facilities to the extent, but only to the extent that such damage occurs outside the boundaries of the access roads and Windpower Facilities installed on the Property pursuant to this Agreement or otherwise outside the graveled area surrounding the base of any Windpower Facilities installed on the Property (“Incidental Crop Damage Compensation”), it being the intention of the Parties that payments on account of the existence or operation of Windpower Facilities inside such areas on the Property includes a payment for crop damage incidental to such existence and operation. Initial Crop Damage Compensation or Incidental Crop Damage Compensation shall be equal to the fair market value of the crops but a minimum of the following amounts determined by multiplying the total acreage of damaged cultivated crops, specialty crops, pasture or hay on the Property for which Grantee is responsible pursuant to this Agreement by the following amounts: (i) hay at Two Hundred Sixty and no/100 Dollars ($260.00) per acre, (ii) corn at Six Hundred and no/100 Dollars ($600.00) per acre, (iii) oats at One Hundred Seventy-Five and no/100 Dollars ($175.00) per acre, (iv) pasture at Fifty-Five and no/100 Dollars ($55.00) per acre, (v) soybeans at Six Hundred and no/100 Dollars ($600.00) per acre, and (vi) wheat at Six Hundred and no/100 Dollars ($600.0...
Crop Compensation. If applicable, Tenant shall pay Owner one-time compensation for any and all portions of the Property where permanent Solar Facilities are not constructed that are either taken out of commercial crop production for a single season because of the construction of the Solar Facilities, or that are removed or damaged as a direct result of Tenant ’s construction of the Solar Facilities on the Property (“Crop Damage Compensation”). Portions of the Property shall be deemed to have been taken out of commercial crop production only if the Owner was actually farming such portions of the Property immediately prior to Tenant ’s commencing construction of the Solar Facilities on the Property. The Crop Damage Compensation shall be deemed full compensation for any losses of income, rent, business opportunities, profits or other losses arising out of such Tenant construction. Crop Damage Compensation shall be equal to the fair market value of the crops that are damaged per season. The Parties shall attempt, in good faith, to agree upon the extent of damage and amount of acreage affected. If the Parties cannot agree, the Parties shall have the area measured and the extent of damage assessed by an impartial party chosen by mutual agreement of the Parties, such as a crop insurance adjuster. EXHIBIT C
Crop Compensation. (a) In the event Owner suffers damage to the Property or any improvements of Owner on the Property during Grantee’s construction, installation, operation and maintenance of the Solar Facilities or Project on the Property, Access Premises, and Transmission Premises, Grantee shall reimburse Owner for the reasonable costs to repair or replace any such damage or pay Owner fair compensation for any such losses or damage.
(b) The Parties anticipate the Owner or its agricultural tenants may suffer damage to growing crops during Grantee’s Site Activities, construction, operation and maintenance of the Solar Facilities on the Property. To the extent Grantee pays Owner compensation for any crop losses or other damages suffered by a tenant of Owner, Owner shall pay the tenant the applicable compensation and Owner agrees to indemnify and hold Grantee harmless from any failure by Owner to remit such compensation to its tenant. Grantee shall pay Owner one-time compensation for any and all portions of the Property that are either taken out of commercial crop production for a season because of the construction of the Solar Facilities, or for crops that are removed or damaged as a result of Grantee’s construction of the Solar Facilities on the Property (“Crop Damage Compensation”). Portions of the Property shall be deemed to have been taken out of commercial crop production only if the Owner or its tenants were actually farming such portions of the Property in the season prior to Grantee’s commencing construction of the Solar Facilities on the Property. The Crop Damage Compensation shall be deemed full compensation for any losses of income, rent, business opportunities, profits or other losses arising from the unavailability of the affected Property due to such Grantee construction. Each time Grantee exercises its rights hereunder and causes damage to crops, it shall compensate Owner for all crops taken out of commercial crop production for a season. Each time Grantee exercises its rights hereunder and causes damage to crops, it shall compensate Owner for all crops lost or destroyed, including damage and crop reduction on any of the Owner’s Property by reason of the use based on the fair market value of Owner’s damaged crops. Damages will be calculated by the following formula: (Unit Price x Unit Yield Per Acre x Acres Damaged) x 100% = Damages. Prices for damaged or destroyed crops will be based on the revenue protection crop insurance program (or other crop insurance suc...
Crop Compensation. Grain Belt will repair or pay, at Grain Belt’s option, Landowner or its tenants for any damage to Landowner’s or Landowner’s tenants’ improvements, livestock and/or crops as a result of Grain Belt exercising its rights under this Agreement, whether such damage occurs before, during, or after construction. Crop compensation will be paid in accordance with the methodology set in the Crop Compensation Calculation, attached hereto as Exhibit D. Landowner and Grain Belt agree that the Crop Compensation Calculation or any alternative Crop Compensation Term Sheet executed concurrently with this Agreement is in satisfaction of all loss in crop yields attributed to construction of the Facilities and all routine operation and maintenance throughout the Term of this Agreement and Landowner waives all additional claims for loss in crop yields associated with such construction and routine operation and maintenance. In the event of non-routine maintenance or reconstruction, Landowner and Grain Belt agree to negotiate in good faith regarding compensation paid by Grain Belt to Landowner for all loss in crop yields attributed to such non-routine maintenance or reconstruction, with the intent that the Landowner be made whole for any damages or losses that occur as a result of non-routine maintenance or reconstruction.