Common use of Crop Damage Clause in Contracts

Crop Damage. ‌ Section 20.01 CROP DAMAGE CAUSED BY THE COMPREHENSIVE PROJECT. Beginning no‌ later than March 1 in the first year of Substantial Completion of the Comprehensive Project (estimated 2027) and continuing through the Termination Date, the Diversion Authority will implement and fund, at no cost to landowners/producers, a program that will compensate producers for actual crop losses caused by the Comprehensive Project Operation during the normal crop growing season and the program will provide prevent plant insurance coverage. The Diversion Authority shall provide an update regarding the status of the growing season crop insurance and prevent plan insurance programs to the Parties every six (6) months commencing on the Effective Date of this Settlement Agreement. These programs will include the following requirements: (a) The growing season supplemental crop loss program will reimburse one hundred percent (100%) of any crop loss proximately caused by Comprehensive Project Operation, i.e., to ensure that producers are reimbursed for crop loss up to said producer’s proven yield as established through crop insurance or governmental filings. The growing season supplemental crop loss program will include a rebuttable presumption that if growing crops in the Staging Area are damaged by floodwaters and the Comprehensive Project Operation has occurred, that the crop damages were due to Comprehensive Project Operation. The Parties contemplate that a crop insurance rider will be designed, and the rider will be paid for by the Diversion Authority at no cost to landowners/producers. (b) The prevent plant crop insurance program will be funded by the Diversion Authority for producers located within the Staging Area. (c) The growing season supplemental crop loss program and prevent plant crop insurance program contemplated in this Section 20 shall contain the following provisions: (i) If an agricultural crop is grown for the non-GMO (Genetically Modified Organism) or certified organic marketplace and the premium for production of the non-GMO or certified organic crop is lost because of staging water in the Staging Area, contamination or other reasons due to Comprehensive Project Operation, the growing season supplemental crop loss program and prevent plant crop insurance program provided by the Diversion Authority must provide compensation for the lost premium based upon Actual Production History yield for the non-GMO or certified organic crop. (ii) The growing season supplemental crop loss program and the prevent plant crop insurance program provided by the Diversion Authority must provide that if Comprehensive Project Operation causes farmland within the Staging Area to be contaminated and such contamination causes the farmland to no longer qualify in the non-GMO or certified organic marketplace, the landowner or tenant involved shall be compensated for all crop loss caused by such failure. (d) The growing season supplemental crop loss program and prevent plant crop insurance program provided by the Diversion Authority must provide that a producer’s Actual Production History yield is not adversely affected by a reduced yield caused by the Comprehensive Project Operation, the crop insurance program shall include a provision/rider that the Risk Management Agency shall not include yields in their calculation for any year in which the Comprehensive Project operates.

Crop Damage. ‌ Section 20.01 CROP DAMAGE CAUSED BY THE COMPREHENSIVE PROJECT. Beginning no‌ not later than March 1 in the first year of Substantial Completion of the Comprehensive Project Project1 (estimated 2027) and continuing through for as long as any floodwaters are diverted by operation of the Termination DateComprehensive Project, the Diversion Authority will implement and fund, at no cost to landowners/producers, a program that will compensate producers for actual crop losses caused by the Comprehensive Project Operation during the normal crop growing season and the program will provide prevent plant insurance coverage. The Diversion Authority shall provide an update regarding the status of the including growing season crop insurance and prevent plan plant insurance programs to for damages caused by the Parties every six (6) months commencing on operation of the Effective Date of this Settlement AgreementComprehensive Project. These programs will include the following requirements: (a) a. The growing season supplemental crop loss program insurance will reimburse one hundred percent (100%) of any crop loss proximately caused by the operation of the Comprehensive Project OperationProject, i.e., i.e. to ensure that producers are reimbursed for crop loss up to said producer’s proven yield as established through crop insurance or governmental filings. The growing season supplemental crop loss insurance program will include a rebuttable presumption that if growing crops in the Staging Area storage area are damaged by floodwaters flood waters and the Comprehensive Project Operation has occurredoperated, that the crop damages were due to Comprehensive Project Operation. The Parties parties contemplate that a crop insurance rider will be designed, and the rider will be paid for by the Diversion Authority at no cost to landowners/producers. (b) 1 Substantial Completion of the Comprehensive Project may be further defined in the Settlement Agreement, but means herein that the Comprehensive Project can be operated, but may have a list of punch list items, from seeding, to correcting doors, fixtures, stripping and other items that need to be completed to close out the project, but which will not prevent it from operating. b. The prevent plant crop insurance program will be funded by the Diversion Authority for producers located within the Staging Area. (c) c. The growing season supplemental crop loss program insurance and prevent plant crop insurance program programs contemplated in this Section 20 19 shall contain the following provisions: (i) i. If an agricultural crop is grown for the non-GMO (Genetically Modified Organism) or certified organic marketplace and the premium for production of the non-GMO or certified organic crop is lost because of staging water in the Staging Area, contamination or other reasons due to operation of the Comprehensive Project OperationProject, the growing season supplemental crop loss program insurance and prevent plant crop insurance program rider provided by the Diversion Authority must provide compensation for the lost premium based upon Actual Production History yield for the non-GMO or certified organic crop. (ii) . The growing season supplemental crop loss program insurance and the prevent plant crop insurance program rider provided by the Diversion Authority must provide that if Comprehensive Project Operation operation causes farmland within the Staging Area to be contaminated and such contamination causes the farmland to no longer qualify in the non-GMO or certified organic marketplacemarket place, the landowner or tenant involved shall be compensated for all crop loss caused by such failurefailure to qualify. (d) d. The growing season supplemental crop loss program insurance and prevent plant crop insurance program rider provided by the Diversion Authority must provide that a producer’s producer Actual Production History yield Yield (“APH”), is not adversely affected by a reduced yield caused by the operation of the Comprehensive Project OperationProject, the crop insurance program shall include a provision/rider that the Risk Management Agency (“RMA”) shall not include yields in their RMA calculation for any year in which the Comprehensive Project operatesis operated.