Miscellaneous Frost Permit

MISCELLANEOUS FROST PERMIT

This Miscellaneous Frost Permit Agreement (Permit) is entered into by and between: Permittee Name: and Issuing Authority: .

WHEREAS

WHEREAS, the Permittee operates frost protection activities for agricultural production on the property located at Property Address: , Parcel/Identifier: ;

WHEREAS, the Issuing Authority has the statutory or regulatory authority to grant permits and to impose operational conditions necessary to protect public health, safety, and neighboring properties; and

WHEREAS, the parties desire to set forth terms and conditions under which the Permittee may undertake frost protection activities, including operational limits, monitoring, insurance, and fees.

SCOPE OF WORK

Specify location(s) of operation within the parcel, types of equipment to be used, and anticipated frequency of operation. Any modification to the described scope requires prior written approval from the Issuing Authority.

PERMIT CONDITIONS AND OPERATIONAL REQUIREMENTS

The Permittee shall comply with the following operational requirements. Check all methods that apply and provide additional details where requested.

Overhead irrigation    Wind machine / frost fan    Orchard heaters / burners

Fuel type for heaters/auxiliary equipment:    Estimated number of units:

Allowed operation window each night: From to .

PAYMENT TERMS

TERM AND TERMINATION

This Permit commences on Start Date: and expires on End Date: unless earlier terminated in accordance with this section.

Either party may terminate this Permit for material breach after providing Notice Period: days' written notice and an opportunity to cure the breach where cure is practicable. Immediate termination is permitted where continuation presents an imminent threat to public safety or property.

CONFIDENTIALITY

The parties acknowledge that certain non-public information exchanged in connection with this Permit may be confidential. The receiving party shall not disclose Confidential Information except as required by law or as necessary to enforce the terms of this Permit. Confidential Information does not include information that is or becomes publicly available without breach of this Permit, is rightfully obtained from a third party, or is independently developed.

INSURANCE, INDEMNITY, AND COMPLIANCE

The Permittee shall maintain liability insurance covering frost protection operations with limits not less than the minimum required by the Issuing Authority and shall provide proof of insurance prior to commencement of operations. The Permittee agrees to indemnify and hold harmless the Issuing Authority, its officers, employees, and agents from and against all claims, liabilities, losses, expenses, and damages arising out of or relating to Permittee's activities under this Permit, except to the extent caused by the gross negligence or willful misconduct of the Issuing Authority.

INSPECTIONS, MONITORING, AND REPORTING

The Issuing Authority reserves the right to inspect the permitted operations during reasonable hours. The Permittee shall maintain operational logs and shall submit reports describing incidents, equipment failures, or deviations from permit conditions at frequency: .

GOVERNING LAW

This Permit and any dispute arising under it shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles.

ENTIRE AGREEMENT

This Permit constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior written or oral agreements, representations, and understandings. Any amendment or modification must be in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

If any provision of this Permit is held to be invalid or unenforceable, such provision shall be severed and the remainder of this Permit shall remain in full force and effect. Notices required under this Permit shall be delivered to the contact information provided below.

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