Agricultural Farm Contract

AGRICULTURAL FARM CONTRACT

Parties

Recitals

WHEREAS, Landowner certifies that Landowner is the lawful owner of certain agricultural land and improvements located at (the "Premises"); and

WHEREAS, Operator is experienced in farm operations, crop production, cultivation, input procurement and farm labor management and desires to provide agricultural services on the Premises; and

WHEREAS, the Parties desire to set forth the terms by which Operator will operate, manage and harvest specified crops on the Premises and by which Landowner will compensate Operator.

Agreement

In consideration of the mutual covenants and agreements contained herein, the Parties agree as follows.

Scope of Work

Operator shall provide all labor, equipment, seed, fertilizers, pest management, irrigation management, harvesting supervision and normal farm management services necessary to produce the following crops during the Term:

Operator shall perform the Work in accordance with accepted agronomic practices for the crop type, maintain accurate records of field operations, and provide Landowner with written reports of activities and yields at intervals described below.

Payment Terms

As full compensation for services rendered under this Agreement, Landowner shall pay Operator as follows.

Payment Schedule (select applicable and describe schedule):

Lump sum payment upon completion of harvest
Periodic installments (advance and periodic draws)
Per-acre rate

Late Fee: Payments not received within days after the due date shall bear interest of percent per month or the maximum allowed by law, whichever is less.

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 for convenience by providing days' prior written notice to the other Party. Termination for cause is permitted where a material breach is not cured within days after written notice specifying the breach.

Confidentiality

Each Party shall keep confidential all non-public business information disclosed by the other Party in connection with this Agreement ("Confidential Information"), including financial terms, yield reports, input costs, and proprietary practices. Confidential Information does not include information that (i) is publicly available through no fault of the receiving Party; (ii) was known to the receiving Party prior to disclosure; or (iii) is required to be disclosed by law, provided the disclosing Party is given prompt notice and an opportunity to seek protective measures.

Insurance, Indemnity, and Compliance

Operator shall maintain general liability insurance and, where applicable, workers' compensation and automobile liability insurance with limits sufficient for the operations contemplated. Operator shall name Landowner as an additional insured on the general liability policy while performing services on the Premises. Operator shall indemnify, defend and hold Landowner harmless from claims arising out of Operator's negligence or willful misconduct in performing the Work, except to the extent caused by Landowner's gross negligence or intentional acts.

The Parties shall comply with all applicable federal, state and local laws, regulations and permits concerning environmental protection, pesticide use, labor and safety. Operator shall not apply any restricted use pesticide without Landowner's prior written approval.

Crop Ownership and Disposition

Unless otherwise agreed in writing, the Parties agree that crop ownership and title to harvested products shall be allocated as follows:

Access and Equipment

Landowner shall provide Operator reasonable access to the Premises for performance of the Work. Equipment ownership, responsibility for maintenance, fuel and repairs shall be as set forth below.

Force Majeure

Neither Party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, floods, drought, fire, storms, epidemics, labor disputes, or governmental action. The affected Party shall give prompt notice to the other and shall use reasonable efforts to resume performance.

Dispute Resolution and Governing Law

The Parties shall attempt in good faith to resolve disputes by negotiation. If negotiation fails, the Parties agree to non-binding mediation prior to initiating litigation. This Agreement shall be governed by and construed in accordance with the laws of without regard to conflict of law principles. Venue for any litigation shall be in the courts of the county in which the Premises are located.

Representations and Warranties

Each Party represents that it has the full power and authority to enter into this Agreement, that performance will not violate any other agreement, and that all information provided to the other Party in connection with this Agreement is true and complete to the best of its knowledge.

Entire Agreement

This Agreement, including any exhibits or addenda executed by the Parties, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior proposals, negotiations, and agreements, whether written or oral. Any modification must be in writing and signed by both Parties.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as either Party may designate in writing.

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