Legal Term

Crop Share Lease Drought Force Majeure

Legal Definition

A force majeure clause in a crop share lease that excuses a farmer's (tenant's) obligation to deliver a promised share of the harvest to the landowner (landlord) when an extreme, unforeseeable drought makes farming impossible. It defines what qualifies as a 'drought' and typically outlines how losses are shared—or if the lease is suspended—when such an event occurs.

In Plain English

It's the 'act of God' clause for farm leases. If a mega-drought wipes out your crops, this part of the contract decides whether you still owe the landlord a cut of nothing.

Example in a Contract
SECTION 14. FORCE MAJEURE: DROUGHT. (a) Definition: A 'Qualifying Drought' exists when the U.S. Drought Monitor designates the Premises as being in 'Extreme Drought' (D3) or worse for a consecutive period of 90 days during the primary growing season. (b) Effect: Upon occurrence of a Qualifying Drought, Tenant's obligation to deliver the Landlord's share of the harvested crop under Section 5 is suspended for the affected crop year. All other lease terms, including the fixed cash payment (if any) and maintenance obligations, remain in full force. The parties shall negotiate in good faith an equitable adjustment to the share percentage for the subsequent crop year to account for the soil moisture deficit.

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