Crop Damage. Landlord will avoid actions which cause damage to or destruction of Tenant's crops. Landlord shall not be responsible or compensate Tenant for damage to Tenant's crops because of vandalism, wildlife, fire, explosion, hunting, the elements, or any other cause beyond the reasonable control of Landlord.
Crop Damage. In the event that Optionee’s due diligence and/or conveyance of the Property to Optionee shall occur after Optionor, or its tenants and/or agents, plants crops, but before harvest of those crops, the parties hereto mutually agree that Optionor shall have the right, upon notice to the Optionee and at the Optionee’s convenience, to harvest any crops not destroyed by the Optionee in the process of its due diligence and/or its construction of an ethanol plant and related improvements thereto. The Optionee shall have no duty to preserve any of such crops, and the Optionor accepts as liquidated damages (in lieu of any and all other damages) an amount equal to the most recent USDA proven yield for the commodity planted on the Property in the year of damage multiplied by the USDA four year average price for the commodity grown in the year of damage, multiplied by the number of acres, or fractional acres, of crop destroyed on the Property. If the parties cannot mutually agree upon the number of crop acres damaged, the number of such cop acres damaged shall be measured by an independent third-party as the parties hereto may mutually identify.
Crop Damage. If, during the Lease Term, loss of crop cultivation by the Owner results from ingress and egress to and from the Property by the Lessee under the terms of this Lease, such ingress and egress being outside of what the parties agree to in developing, operating and maintaining the Wind Energy Conversion Systems and related infrastructure, Lessee shall pay the “Crop Loss Compensation” fee to Owner within sixty (60) days after the expiration of the Lease Year in which the crop loss occurred. Such Crop Loss Compensation shall only be made once and shall not be perpetual. For the sake of clarity, the other compensation contemplated in Article 3 of this Agreement shall be considered adequate compensation for any permanent loss of crop cultivation as a result of the permitted use of the Property as listed in Section 1.2 of this Agreement. Crop Loss Compensation resulting from the activities by Lessee shall be based on the sum of the land area in the Property cultivated by Owner during the three (3) years prior to the Effective Date and not cultivated as a direct result of activities by Lessee under the terms of this Lease. Damages for crop and pasture land loss will be calculated by the following formula: Current Market Price x Yield Per Acre x Acres Lost = Damages. Yield will be determined by the average of the previous three years’ yields for the Premises. If Lessor does not have yield records available, Lessor and Lessee shall use commonly used yield information available for the area. This shall be a one time lump sum payment for temporary loss during construction or maintenance.
Crop Damage. The Department will avoid actions which cause damage to or destruction of Tenant's crops. The Department shall not be responsible or compensate Tenant for any damage to Tenant's crops for any reason, including but not limited to vandalism, wildlife, fire, explosion, hunting, weather, or any other cause.
Crop Damage. In the event the closing and conveyance of the Property to Optionee shall occur after Optionor plants crops, but before harvest of those crops, the parties hereto mutually agree that Optionor shall have the right, upon notice to the Optionee and at the Optionee’s convenience, to harvest any crops not destroyed by the Optionee in the process of its due diligence and/or its constructing of the ethanol plant and related improvements thereto. Damage to crops shall be calculated for all purposes under this Option Agreement as follows: Optionee shall pay Optionor additional $175.00 per tillable acre for corn and $175.00 per tillable acre for soybeans for the actual number of acres, or fractional acres, of crop destroyed on the Property by the Optionee prior to the harvest of such crop acres by the Optionor in exchange for Optionor transferring all of its right, title, and interest in and to such crops to Optionee. The number of such acres destroyed shall be measured by a surveyor selected by Optionee and the fee for such measurement shall be borne by the Optionee. Optionee shall have no duty to preserve any of such crops, and Optionor accepts the payment specified in this Subparagraph (j) as liquidated damages (in lieu of any and all other damages) in complete payment of all actual costs incurred by Optionor for seed, fertilizer, and pesticides.
Crop Damage. These are warnings of conditions (other than frost) conducive to specific crop damage (by disease or direct physical damage). Standard Service
Crop Damage. (a) During initial construction, Lessee shall pay Landowner crop damage on a per acre basis (prorated for fractional portions), for any and all portions of the Property that are taken out of commercial crop production during the construction of the Solar Facilities and any and all crops that are removed or damaged as a direct result of Lessee’s construction and operation of Solar Facilities on the Property. Portions of the Property shall be deemed to have been taken out of commercial crop production only to the extent Lessee’s construction of Solar facilities on the Property materially interferes with Landowner’s ability to farm such portions of the Property in which such construction occurs, assuming that Landowner was actually farming such portions of the Property immediately prior to Lessee’s commencing construction of the Solar Facilities on the Property. Such crop damage shall be paid one time per growing season in which such construction and crop damage occur. Crop damage will equal “Amount of damaged acres” multiplied by “Average yield in the County of Property” multiplied by “Price”. “Amount of damaged acres” shall be based on Landowner’s reasonable estimate as reasonably reviewed and agreed by Lessee’s representative. “Average yield in the County of Property” shall be based on the average yield for the latest three (3) years of corn in the County as published by the National Agricultural Statistical Service through the website (xxx.xxxx.xxxx.xxx), or if unavailable, another publicly available information source of average yields in the County.
Crop Damage. The parties anticipate and acknowledge that Owner or Owner’s renters may suffer damage to crops on the Premises during Project Company’s construction and installation of Solar Facilities on the Premises. Project Company will compensate Owner for crop loss or destruction on the Premises due to Project Company’s activities. Crop damages will be calculated by the following formula: Price x Yield x Percentage of Damage x Acreage = Crop Damages Prices for damaged or destroyed crops will be based on the average of the last previous March 1st and September 1st prices for that crop in the county where the Premises is located (or other commonly used yield information available for the area). Yield will be the average of the previous two (2) years’ yields of the same crop as the damaged crop, according to Owner’s records, as received from and certified by Owner, for the smallest parcel of land that includes the damaged area. For purposes of the foregoing, “Owner’s records” will include, but not be limited to, warehouse/elevator receipts, applications for crop insurance and scale tickets from grain cart or yield monitors on combines. If Owner does not have yield records available, the Owner will use FSA records for the county in which the Premises is located (or other commonly used yield information available for the area) for the smallest parcel of land which includes the damaged area. The parties hereto will try in good faith to agree to the extent of damage and acreage affected. If the parties hereto cannot agree, they will have the area measured and extent of damage assessed by an impartial party such as a crop insurance adjuster or extension agent. Payment of crop damages and/or compaction damages will be made within thirty (30) days after determining the extent of damage. After the Operation Date, Project Company will not be responsible to pay Owner or Owner’s renters any loss of income, rent, business opportunities, profits or other losses arising out of Owner’s inability to grow crops or otherwise use the portion of the Premises occupied by Solar Facilities. Project Company will not be responsible for paying any compensation to Owner arising out of Owner’s inability to grow future crops on the Premises or Owner’s inability to use the Premises for any other purpose.
Crop Damage. In the event that Optionee's due diligence and/or closing and conveyance of the Property to Optionee shall occur after Leasee plants crops, but before harvest of those crops, the parties hereto mutually agree that Leasee shall have the right, upon notice to the Optionee and at the Leasee's convenience, to harvest any crops not destroyed, directly or indirectly, by the Optionee in the process of its due diligence and/or its constructing of the ethanol plant and related improvements thereto. The Optionee shall have no duty to preserve any of such crops, and the Leasee accepts as liquidated damages (in lieu of any and all other damages) an amount equal to 120% of the actual per acre crop input cost incurred by Xxxxxxx Brothers Partnership on the Premises for the applicable crop multiplied by the number of acres, or fractional acres, of crop destroyed on the Property by the Optionee prior to the harvest of such crop acres by the Leasee. The number of such acres destroyed shall be measured by a third-party as the parties hereto may mutually identify. IN WITNESS WHEREOF, said parties hereto subscribe their names. LEASEE: OPTIONEE: XXXXXXX BROTHERS PARTNERSHIP ADVANCED BIOENERGY, LLC
Crop Damage. Beginning not later than March 1 in the first year of Substantial Completion of the Comprehensive Project1 (estimated 2027) and continuing for as long as any floodwaters are diverted by operation of the Comprehensive Project, the Authority will implement and fund, at no cost to landowners/producers, a program including growing season crop insurance and prevent plant insurance programs for damages caused by the operation of the Comprehensive Project. These programs will include the following requirements:
