Agricultural Agreement

Agricultural Agreement

This Agricultural Agreement ("Agreement") is made effective as of by and between:

Recitals

WHEREAS, Landowner is the owner of certain real property described as (the "Premises"), and has the right to grant access for agricultural production; and

WHEREAS, Operator is engaged in the business of agricultural production and has the skill, labor, equipment and resources to perform cultivation, maintenance, harvest and related services on the Premises in accordance with the terms set forth in this Agreement; now, therefore, in consideration of the mutual covenants set forth herein, the parties agree as follows:

Scope of Work

Operator shall perform the following services on the Premises, including but not limited to planting, irrigation, fertilization, pest and weed control, thinning, harvesting, post-harvest handling and any specified improvements, in accordance with accepted agricultural practices and applicable law:

Payment Terms

Compensation for services and use of the Premises shall be as follows:

Late payment shall accrue interest at the rate of percent per month on the outstanding amount, after a grace period of days. Operator shall be responsible for invoicing Landowner in writing and Landowner shall pay undisputed amounts according to the schedule above.

Term and Termination

Term: This Agreement commences on and continues until unless earlier terminated in accordance with this Agreement.

Either party may terminate this Agreement without cause by providing days' prior written notice to the other party. Immediate termination may occur for material breach, willful misconduct, or failure to cure a breach within a reasonable cure period of 30 days after written notice for cure when cure is practicable.

Confidentiality

Each party shall hold in confidence all non-public information disclosed by the other party relating to crop yields, pricing, financial terms, proprietary practices, seed varieties, and business plans ("Confidential Information"). Confidential Information shall not include information that is (a) already known to the receiving party without restriction, (b) becomes publicly available through no fault of the receiving party, or (c) rightfully obtained from a third party without breach of an obligation of confidentiality. Confidential Information shall be used only for the performance of this Agreement and returned or destroyed upon termination. The confidentiality obligations shall survive termination for a period of years.

Insurance and Indemnity

Operator shall maintain, at Operator's expense, general liability and comprehensive farm liability insurance covering operations under this Agreement with limits not less than $1,000,000 per occurrence, and shall name Landowner as an additional insured where applicable. Operator shall indemnify, defend and hold Landowner harmless from any claims, liabilities, damages or costs (including reasonable attorneys' fees) arising from Operator's negligent acts, omissions or willful misconduct in connection with performance under this Agreement.

Compliance; Environmental Requirements

Operator shall perform all work in compliance with applicable federal, state, and local laws and regulations, including environmental laws governing pesticide application, waste handling, water use, and nutrient management. Operator shall promptly notify Landowner of any notices, claims or violations arising from operations on the Premises.

Assignment and Subcontracting

Operator shall not assign or subcontract its rights or obligations under this Agreement without Landowner's prior written consent, which shall not be unreasonably withheld. Any permitted assignee or subcontractor shall agree in writing to be bound by the terms of this Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles.

Dispute Resolution

The parties shall attempt in good faith to resolve disputes arising under this Agreement by negotiation. If negotiations fail, disputes shall be submitted to binding arbitration in the county where the Premises are located in accordance with the rules of the chosen forum. The arbitrator's award shall be final and binding and may be entered in any court of competent jurisdiction.

Entire Agreement; Amendment

This Agreement, including any exhibits or schedules attached hereto, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous negotiations, agreements and understandings, whether written or oral. This Agreement may be amended only by a written instrument signed by both parties.

Special Terms

Sign Now