Common use of Crop Compensation Clause in Contracts

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 ($600.00) per acre. The above minimum amounts shall be adjusted by the CPI (as hereinafter defined) on an annual basis after the Operations Date. If less than one acre of Owner’s cultivated crops, pasture or hay on the Property is damaged by ▇▇▇▇▇▇▇’s activities on the Property, the applicable dollar amount per acre shall be reduced proportionally. 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.

Crop Compensation. Grantee shall pay Owner one one-time compensation for any and all portions of the Property where permanent Windpower Facilities are not constructed that are either taken out of commercial crop production during for a season because of the construction of the Windpower Facilities, and any and all crops or 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 if 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 The Crop Damage Compensation shall be responsible deemed full compensation for paying Owner any losses of income, rent, business opportunities, profits or other losses arising out of the damage by the such 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 operationconstruction. Initial Crop Damage Compensation or Incidental Crop Damage Compensation shall be equal to the fair market value of the crops that are damaged per season, 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 ($600.00) per acre. The above minimum amounts shall be adjusted by the CPI (as hereinafter defined) on an annual basis after the Operations Date. If less than one acre of Owner’s cultivated crops, pasture or hay on the Property is damaged by ▇▇▇▇▇▇▇’s activities on the Property, the applicable dollar amount per acre shall be reduced proportionally. 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.. PER ACRE OR ANY FRACTION OF AN ACRE. NO PROPORTIONATE DAMAGES FOR A PARTIAL ACRE. Form 05.2020 B-2