North Dakota Code § 4.1-48-05

Recapture of capital investment required by a potato production contract
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1. A contractor may not terminate or cancel a contract that requires a producer to make a 
capital investment in buildings or equipment that cost one hundred thousand dollars or 
more and have a useful life of five or more years until:

a. The producer has been given written notice of the intention to terminate or cancel 
the contract at least one hundred eighty days before the effective date of the 
termination or cancellation, or as provided in subsection 3; and
b. The producer has been reimbursed for damages incurred by an investment in 
buildings or equipment that was made for the purpose of meeting minimum 
requirements of the contract.
2. Except as provided in subsection 3, if a producer fails to comply with the provisions of 
a contract that requires a capital investment subject to subsection 1, a contractor may 
not terminate or cancel that contract until:
a. The contractor has given written notice with all the reasons for the termination or 
cancellation at least ninety days before termination or cancellation, or as provided 
in subsection 3; and
b. The recipient of the notice fails to correct the reasons stated for termination or 
cancellation in the notice within sixty days of receipt of the notice.
3. The one hundred eighty -day notice period under subsection 1, and the ninety -day 
notice period and the sixty -day notice period under subsection 2, are waived and the 
contract may be canceled or terminated immediately if the alleged grounds for 
termination or cancellation are:
a. Voluntary abandonment of the contract relationship by the producer; or
b. Conviction of the producer of an offense directly related to the business 
conducted under the contract.

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