TerrAvion may provide schedules from time to time that specify the number of flights and the images delivered as a percentage of the total (“Flight Schedules”).
- Schedule: TerrAvion will distribute the flights across the growing season as outlined in its price and schedule fliers provided to Distributors (“Flight Schedules”), and TerrAvion reserves the right to modify its price and schedule from time to time at its sole and exclusive discretion. In the event of a difference between the Images Delivered calculated as a percentage of the total number of flights in the schedule and the integer number of flights provided in the Flight Schedule(s), the number provided in the Flight Schedule(s) shall govern. Furthermore, in the event that an order is placed after the commencement of the flight season, the Distributor agrees that the Images Delivered requirement shall scale in proportion to the date the order is entered relative to the flight schedule in operation. For example, if the order is placed after the close of the first flight window, the Distributor agrees to pay 100% of the wholesale price if he receives images for 83% of the remaining flight windows (i.e., TerrAvion delivers 10 images out of the remaining 12 flight windows in a 13-flight schedule).
- Unit of delivery: One “block” of land displayed in the OverView order interface is the unit of delivery. A block shall be of a contiguous area of 1 to 1,000 acres and shall be of reasonable shape, i.e. no more than 10 to 1 length to width ratio (“Block Requirements”). Imagery of a block conforming to the Block Requirements will be considered defect-free if 98% of it is available in at least 2 out of 4 of TerrAvion’s main products (Color, Infrared, Vigor, and Thermal). Imagery of a block not conforming to the Block Requirements will be considered defect-free if 50% of the block is available in at least 2 out of 4 of TerrAvion’s main products.
- Imagery Defect: Any of the following will be deemed an imagery defect:
- Hazy, unsharp,/ or blurred images that are not within TerrAvion’s current standard of resolution (+/- 4.0 cm/pixel of contractual resolution)
- Images with nonuniform illumination
- Missing sections of a specified block, or missing images, as defined by less than full coverage of the crops for which coverage was requested
- Misalignment, meaning that the imagery is not within TerrAvion’s tolerance of georegistration (+/- 3.0 m)
- Optical defects, such as issues with the camera, lens, or exposure, that render the imagery unusable
- Exceptions include (but not limited to):
- Shadows from objects on the ground like trees, hills, farm equipment or crops
- Any defects caused by nearby natural disasters
- Optical defects caused by materials placed on or over crops in the field
- Notices. For an imagery defect to be recognized under this agreement, for purposes of calculating the percentage of successfully delivered blocks under the refund schedule, as described below, the customer must report the defective imagery to TerrAvion within 48 hours of Receipt of such imagery, where Receipt is defined as the moment the customer receives notification from TerrAvion that the imagery is available for viewing. TerrAvion shall remove the defects by reprocessing the defective imagery within 48 hours of receiving notice or refly and successfully deliver replacement imagery in the same collection cycle.
TerrAvion will use its reasonable best efforts to remove the defects of any imagery that is not reported within 48 hours of delivery.
- Successful Delivery: Imagery captured in the collection cycle (usually 12: 00:01 am Sunday through 11: 59:59 pm Saturday) and available to the customer within 36 hours of Capture will be deemed a successful delivery. Capture is defined as the moment the plane completes a flight-day. Non-delivered images will not be recognized under this agreement, for purposes of calculating the payments owed for successfully delivered blocks, if they were unable to be collected due to acts of God, airspace restrictions (military or otherwise), temporary flight restrictions, natural disasters, or any other cause which is beyond the reasonable control of TerrAvion. TerrAvion shall use its reasonable best efforts to minimize changes and reductions to the collection schedule that are caused by flight restrictions.
g.Industry-Standard Radiometric accuracy: Radiometry may be less meaningful or reliable when sun angle is low, typically early and late in the season. This is due to seasonal cloud cover and less available sunlight. TerrAvion will use reasonable best efforts to avoid acquiring images during low-light periods