Common use of Crop Compensation Clause in Contracts

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. 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.