Exhibit 10.7


 


MULTIPLE PERIL CROP/LIVESTOCK INSURANCE

FULL SERVICE AGENCY AGREEMENT


 


between


 


AMERICAN FARM BUREAU INSURANCE SERVICES,
INC.


 


and


 


NODAK MUTUAL INSURANCE COMPANY and

AMERICAN WEST INSURANCE COMPANY and

BATTLE CREEK MUTUAL INSURANCE COMPANY


 


REINSURANCE YEAR 2016


 




     


     


    




 


THIS AGREEMENT (hereinafter referred
to as “this AGREEMENT”) is made and entered into by and between NODAK MUTUAL INSURANCE COMPANY, AMERICAN WEST INSURANCE
COMPANY, and BATTLE CREEK MUTUAL INSURANCE COMPANY, 1101 First Avenue North, Fargo, ND 58102 (COMPANY), and AMERICAN
FARM BUREAU INSURANCE SERVICES, INC., 1501 E. Woodfield Road, Suite 300W, Schaumburg, Illinois 60173-5422 (hereinafter
referred to as “AFBIS”).


 


PREAMBLE


 


WHEREAS, this AGREEMENT is for the processing
and servicing of certain crop insurance policies issued by FARM BUREAU MUTUAL INSURANCE COMPANY OF IDAHO and/or WESTERN COMMUNITY
INSURANCE COMPANY, as more fully described in Article III – Business Covered (hereinafter referred to as “POLICY”
or “POLICIES”); and


 


WHEREAS, COMPANY has appointed AFBIS as its
Managing General Agent;


 


THEREFORE, in consideration of the mutual terms
and covenants as hereinafter expressly set forth, the COMPANY and AFBIS agree as follows:


 


ARTICLE
I - EFFECTIVE DATE AND TERM


 


1. This AGREEMENT shall apply to all of the
POLICIES described in Article III that become effective between July 1, 2015 and June 30, 2016. This AGREEMENT shall
continue in full force and effect, until terminated pursuant to Article XI - Termination.


 


2. This AGREEMENT supersedes any previous agreements
between the parties regarding the same subject matter of this AGREEMENT.


 


ARTICLE
II - PERFORMANCE/APPOINTMENT


 


1. The performance of obligations by both parties
under this AGREEMENT shall be in accordance with the standard of good faith and fair dealing.


 


2. AFBIS agrees to indemnify and hold harmless
AAIC, COMPANY, and their officers, directors, agents and employees from and against any and all claims, demands, obligations, causes
of action and lawsuits and all damages, liabilities, fines, judgments, costs (including settlement costs) and expenses associated
therewith, including the payment of reasonable attorney fees and disbursements (other than expenses addressed in Article XIV)
arising out of: the failure of AFBIS, its employees, agents or independent contractors to comply with the terms and conditions
of this AGREEMENT. The obligations to indemnify contained in this paragraph will survive the expiration or termination of this
AGREEMENT.


 


3. COMPANY agrees to indemnify and hold harmless
AAIC, AFBIS, and their officers, directors, agents and employees from and against any and all claims, demands, obligations, causes
of action and lawsuits and all damages, liabilities, fines, judgments, costs (including settlement costs), and expenses associated
therewith, including the payment of reasonable attorney fees and disbursements (other than expenses addressed in Article XIV),
arising out of the failure of COMPANY, its employees, agents or independent contractors to comply with the terms and conditions
of this AGREEMENT. The obligations to indemnify contained in this paragraph will survive the expiration or termination of this
AGREEMENT.


 




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4. COMPANY agrees that AFBIS shall have the
right and authority to service and administer all POLICIES and POLICY information arising from the Business Covered by this AGREEMENT.


 


ARTICLE
III - BUSINESS COVERED


 


1. This AGREEMENT applies to any plan or POLICY
that may be approved by Federal Crop Insurance Corporation (FCIC) for sale by COMPANY and reinsured by FCIC.


 


2. The POLICIES described in this Article must
be sold by COMPANY’s agents. This AGREEMENT applies to such policies that become effective within the term set forth in Article I.


 


ARTICLE
IV - AFBIS OBLIGATIONS


 


AFBIS agrees to perform the following services
for POLICIES sold by COMPANY’ s agents in the states identified on Exhibit A “List of Participating States”:


 


1. Underwrite, issue and deliver to insureds
and agents an electronic or mailed copy of each POLICY and any corresponding documents.


 


2. Provide all necessary POLICY filing data
in a form acceptable to COMPANY for filing with appropriate regulatory agencies.


 


3. Print, assemble and provide electronic copy
or mail or generate electronically all necessary documents to COMPANY’s insureds, agents and processing office, as requested
by COMPANY.


 


4. Bill each Policyholder on behalf of COMPANY
for premium, interest, miscellaneous charges and/or fees (hereinafter referred to collectively as “PREMIUM”), due for
each POLICY. Such billing dates and procedures will be provided to COMPANY by AFBIS in accordance with POLICY conditions and FCIC
underwriting guidelines.


 


5. Instruct insureds in all billing statements
to make checks payable to and send payments to AFBIS.


 


6. Generate electronic copy or print Initial
Claims Worksheet, Production Worksheets, other claim adjustment forms and information and forward same to the Claims Representative
or Adjuster assigned by AFBIS.


 


7. Make available various reports (including
downloads), upon request or as directed in writing by COMPANY, for COMPANY’s reporting of commissions, financial information,
issued checks and reports, and other data deemed relevant by COMPANY. COMPANY will determine the frequency and type of reports
needed.


 




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8. Maintain separate records of business services
provided to COMPANY by AFBIS pursuant to this AGREEMENT. COMPANY shall have access to and the right to copy all accounts and records
related to its business in a form usable by COMPANY.


 


9. Accept financial responsibility for any reduction
of administrative expense reimbursement caused by delay in policy issuance as a result of actions of AFBIS.


 


10. Provide an agent premium quoting system
for point-of-sale activities on the Internet.


 


11. Maintain a disaster recovery plan for computer
systems. AFBIS will provide a written description of such computer system recovery plan to COMPANY upon request.


 


12. Comply with all requirements of the FCIC
with respect to the administration of the Business Covered by this AGREEMENT.


 


ARTICLE
V - COMPANY OBLIGATIONS


 


1. For POLICIES sold in the states identified
in Exhibit A (List of Participating States), COMPANY agrees to:


 


A. Assist AFBIS in collecting all delinquent PREMIUMS.
A PREMIUM shall be considered delinquent thirty (30) days after the payment due date.


 


B. Instruct insureds to make PREMIUM checks payable
to AFBIS.


 


C. Attempt to obtain premium security agreements
as may be required by AFBIS to assist AFBIS in collection of such premium.


 


D. Require agents to maintain errors and omission
coverage which covers POLICIES sold by COMPANY’ s agents.


 


E. Compensate agents for the sale of POLICIES.


 


F. Comply with all laws and regulations pertaining
to the marketing and sales of the POLICIES.


 


2. COMPANY understands, acknowledges and agrees
that all proprietary rights, title and interest to the forms and documentation that AFBIS provides under this AGREEMENT vest in
AFBIS. COMPANY may not use, copy or distribute same without AFBIS’s prior written permission.


 


3. In addition, COMPANY understands, acknowledges
and agrees that the services provided by AFBIS under this AGREEMENT shall be for the sole use of COMPANY and any of their wholly
owned and controlled subsidiaries. COMPANY is prohibited from using or permitting the use of AFBIS’ services and systems
by any other persons or entities.


 


4. COMPANY agrees to assume all responsibility
for Administrative and Operating (A&O) expense reductions due to acceptance of late filed or misreported information from their
agents. Late filed paperwork is defined as any paperwork not filed by the Crop Sales Closing Date or Acreage Reporting Date or
any other reporting date as specified by the FCIC in the actuarial documents published by FCIC.


 




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5. The COMPANY agrees to comply with the Standard
Reinsurance Agreement and appendices between the Federal Crop Insurance Corporation and AAIC. AFBIS will provide copies of said
agreement and its appendices to COMPANY upon request. The Standard Reinsurance Agreement and its appendices are also set forth
fully at www.rma.usda.gov/pubs/ra/.


 


ARTICLE
VI - AFBIS LIMITATIONS


 


With respect to the states identified in Exhibit A,
AFBIS shall not:


 


1. Sell or attempt to sell through COMPANY’s
agents, or in any manner contact such agents regarding any insurance policy not issued by COMPANY except as provided herein or
as expressly agreed to in writing.


 


2. Bind reinsurance or retrocessions on behalf
of COMPANY.


 


3. Commit COMPANY to participate in insurance
or reinsurance syndicates.


 


4. Appoint any producer without assuring that
the producer is lawfully licensed to transact the type of insurance for which it is appointed.


 


5. Collect any payment from a reinsurer or commit
COMPANY to any claim settlement with reinsurer, without prior approval of COMPANY. Following such collection, a report will be
promptly forwarded to COMPANY.


 


ARTICLE
VII - SERVICE FEES


 


With regard to the states identified in Exhibit A,
COMPANY agrees to pay AFBIS a service fee according to the schedule set forth in Exhibit B (Service Fee Schedule). Service
fees are subject to change by written agreement of the parties. The parties expressly agree that AFBIS shall be entitled to a service
fee adjustment if it incurs costs as a result of an FCIC mandatory change.


 


ARTICLE
VIII - WARRANTIES


 


With respect to the performance of its obligations
under this AGREEMENT, COMPANY warrants that


 


1. COMPANY is a duly authorized and licensed
insurance agency in each state listed in Exhibit A.


 


2. COMPANY agents are duly authorized and licensed
to place insurance in each state listed in Exhibit A.


 




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ARTICLE
IX - TAXES


 


COMPANY agrees to pay any premium taxes arising
from POLICIES that are subject to this AGREEMENT, and will reimburse AFBIS for any such taxes that AFBIS pays.


 


ARTICLE
X - CURRENCY


 


Wherever the word “dollars” or the
“$” symbol is used in this AGREEMENT’, it shall mean dollars of the United States of America.


 


ARTICLE
XI - TERMINATION


 


1. Either party may terminate this AGREEMENT
effective at the end of any FCIC Multiple Peril Crop Insurance or Livestock Reinsurance Year by giving the other party prior written
notice to the address of the party listed above. Such notice, if by AFBIS, shall be delivered by certified mail at least one hundred
eighty (180) days prior to the effective date of such termination. Such notice, if by COMPANY, shall be delivered by certified
mail at least one hundred eighty (180) days prior to the end of any such FCIC Multiple Peril Crop Insurance Crop/Reinsurance year.


 


2. COMPANY may terminate this AGREEMENT for
cause, at any time upon written notice to AFBIS.


 


3. In the event of an anticipated change in
the Farm Bureau affiliation or management of the business of COMPANY due to merger, sale or other change in controlling interest,
COMPANY shall immediately notify AFBIS in writing of the expected effective date. Within thirty (30) days after receipt of such
notice, AFBIS may give notice of its intention to terminate this AGREEMENT in its entirety effective on the effective date of the
change of affiliation or management by sending written notice to COMPANY. If COMPANY fails to give notice of such anticipated change,
AFBIS may nonetheless terminate in like manner within thirty (30) days after acquiring knowledge of same, so long as the effective
date of such termination is not prior to the effective date of such anticipated change of affiliation or management.


 


4. This AGREEMENT shall terminate automatically
and simultaneously upon the happening of any of the following events:


 


A. Entry of an order of liquidation, rehabilitation,
receivership or conservatorship with respect to COMPANY or AFBIS by any court or regulatory authority.


 


B. The unauthorized assignment of this AGREEMENT
by either party.


 


5. Upon termination of this AGREEMENT, AFBIS
shall transfer to COMPANY all POLICY and financial information in AFBIS’ possession unless otherwise agreed in writing. The
information will include both electronic and paper documentation as required by COMPANY.


 




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ARTICLE
XII - ARBITRATION


 


1. As a condition precedent to any right of
action hereunder, any dispute arising out of this AGREEMENT shall be submitted to the decision of a board of arbitration composed
of two arbitrators and one umpire, meeting in Schaumburg, Illinois, unless otherwise agreed.


 


2. The members of the board of arbitration shall
be active or retired disinterested officers of insurance companies. Each party shall appoint its own arbitrator and the two arbitrators
shall choose the umpire before instituting the hearing. If the respondent fails to appoint its arbitrator within four (4) weeks
after being requested to do so by the claimant, the latter shall also appoint the second arbitrator. If the two arbitrators fail
to agree upon the appointment of the umpire within four (4) weeks after their nominations, each of them shall name three (3), of
whom the other shall decline two (2) and the decision shall be made by drawing lots. It is the intent of the parties to this AGREEMENT
where the arbitrators have failed to agree, that the selection of umpire be confined to this determination by chance.


 


3. The claimant shall submit its initial brief
within twenty (20) days after appointment of the umpire. The respondent shall submit its brief within twenty (20) days after receipt
of the claimant’s brief and the claimant may submit a reply brief within ten (10) days after receipt of the respondent’s
brief.


 


4. The board shall make its decision with regard
to the custom and usage of the insurance business. The board shall issue its decision in writing based upon a hearing in which
evidence may be introduced without following strict rules of evidence, but in which cross examination and rebuttal shall be allowed.
The board shall make its decision within sixty (60) days following the termination of the hearings unless the parties consent to
an extension. The majority decision of the board shall be final and binding upon all parties to the proceeding. Judgment may be
entered upon the award of the board in any court having jurisdiction thereof.


 


5. Each party shall bear the expense of its
own arbitrator and shall jointly and equally bear with the other party the expense of the umpire. The remaining costs of the arbitration
proceeding shall be allocated by the board.


 


ARTICLE
XIII - ANTI-LOBBYING


 


The Company shall comply with all provisions
and requirements of the federal regulations set forth in 7 C.F.R. part 3018, “New Restrictions on Lobbying,”
certify its compliance with such regulations, and provide any required disclosure forms. The compliance certification and disclosures
are material representations of fact which FCIC relies on when the Company enters into this AGREEMENT. Submission of the required
certification and any disclosure forms is a prerequisite for entering into this AGREEMENT as required by 31 U.S.C. § 1352.
Any person who fails to file or amend the disclosure form, as required by 7 C.F.R. part 3018, shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000, for each such failure.


 




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ARTICLE
XIV - ALLOCATION OF LEGAL DEFENSE EXPENSES


 


1. Except for any provisions which are contrary
to Article II, subparagraphs (2) and (3), this Article XIV governs the allocation and payment of legal defense expenses (including
litigation related expenses) incurred in the resolution of a claim filed by an insured against COMPANY which in any way arises
out of the processing or servicing of crop insurance policies sold by COMPANY’ s agents (hereinafter referred to as “a
claim”). The provisions of this Article XIV only apply in the event COMPANY notifies AFBIS within fifteen (15) business days
of receiving notice of a claim.


 


2. AFBIS shall pay all legal defense expenses
as they are incurred, and Company and AFBIS shall allocate the expenses pursuant to this Article XIV when a claim is closed, including
the conclusion of all litigation related to a claim. Company shall remit payment of the agreed allocation within 30 days thereafter,
unless the arbitration provisions of Article XII have been invoked by either party.


 


3. In the event a claim is litigated in a court
of law, arbitration, or other judicial or quasi judicial proceeding (hereinafter collectively referred to as “the legal proceeding”)
and all interested parties are named in the legal proceeding, all legal defense expenses incurred by COMPANY shall be allocated
between the COMPANY and AFBIS in the same ratio that liability or negligence is allocated in the legal proceeding to the interested
parties, their agents or employees.


 


4. In no such event shall COMPANY or AFBIS be
liable for legal defense expenses in excess of its allocated proportion of liability or negligence as established by the legal
proceeding.


 


5. In the event COMPANY or AFBIS is named in
the legal proceeding but no allocation of liability or negligence is established in the legal proceeding, all such incurred legal
defense expenses shall be shared equally between the parties hereto.


 


6. In the event a claim is not litigated or
the legal proceeding does not include both parties hereto, the parties hereto, through their duly appointed representatives, shall
participate in a meeting at a mutually agreeable time and place or by teleconference to determine a fair, reasonable and mutually
acceptable allocation of the legal defense expenses based on available evidence of each of their relative degrees of liability,
if any (i.e., from 0% to 100%) (hereinafter referred to as “Allocation Agreement”). The parties hereto shall use their
best efforts to reach an Allocation Agreement.


 


7. In the event COMPANY proceeds independently
to settlement of a claim without first consulting with the other party hereto as to the allocation of legal defense expenses, then
all such legal defense expenses incurred shall be paid in full by COMPANY.


 




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ARTICLE
XV - NON-DISCLOSURE OF CONFIDENTIAL

AND PROTECTED INFORMATION


 


1. Confidential information that pertains to
customers of COMPANY and its affiliated companies that AFBIS obtains pursuant to this AGREEMENT will be held in strict confidence
and used only as necessary to provide services under this AGREEMENT. Access to customer information will be limited to those persons
who need such information to provide services under this AGREEMENT, pursuant to reasonable business practices adopted to limit
access and unauthorized disclosure of same, and under the terms of this provision, or where otherwise required by law. Within thirty
(30) days of the termination of this AGREEMENT, AFBIS shall return and/or destroy all confidential customer information in its
possession, at COMPANY’s request. The parties agree that any disclosure of information hereunder by AFBIS qualifies as one
or more of the general exceptions of both notice and an opportunity for opt-out under the Gramm-Leach-Bliley Act (the “Act”).
Furthermore, the parties agree that any information disclosed by AFBIS hereunder shall only be used by AFBIS for the sole purpose
for which it was disclosed by AFBIS under this AGREEMENT.


 


2. Notwithstanding any provision in this AGREEMENT
to the contrary, to the extent this AGREEMENT requires AFBIS to disclose any “non-public personal information” as defined
under the Act, AFBIS represents, warrants and agrees that AFBIS and its agents and/or representatives shall not disclose or use
this non-public information other than to carry out the purposes for which AFBIS disclosed the information.


 


3. COMPANY further agrees to comply and certify
its compliance with the requirements set forth in Exhibit C (Non-Disclosure Certification) hereto.


 


ARTICLE
XVI - RETENTION AND ACCESS TO RECORDS


 


Upon request, COMPANY shall provide FCIC and/or
AFBIS reasonable access at any time during normal business hours to its offices, personnel and all records that pertain to the
subject matter addressed herein, including access to its agents’ offices. COMPANY shall retain its records pertaining to
the business conducted under this AGREEMENT for three (3) years after the last day on which records may be submitted to the FCIC
through automated systems or such longer period as AFBIS or the FCIC instruct COMPANY in writing prior to the expiration of the
3-year term.


 


ARTICLE
XVII - MISCELLANEOUS


 


1. This AGREEMENT constitutes the final and
entire AGREEMENT between the parties with respect to the subject matter addressed herein. This AGREEMENT shall not be contradicted
or supplemented by any previous or contemporaneous agreement or statement of representation. This AGREEMENT may be amended only
in writing signed by the parties hereto.


 


2. AFBIS shall maintain in force, throughout
the term of this AGREEMENT, a Business Errors and Omissions Policy. At COMPANY’ s request, AFBIS will provide to COMPANY
a copy of the most recent declaration page of AFBIS’ s Business Errors and Omissions Policy.


 


3. This AGREEMENT shall be interpreted according
to the laws of the State of North Dakota, regardless of the choice of law/conflict of law provisions thereunder, except to the
extent that the Federal Crop Insurance Act and other federal laws apply.


 




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4. This AGREEMENT is solely between AFBIS and
COMPANY and shall not be assigned to any third party without prior written mutual consent of the parties hereto, except COMPANY
may assign this AGREEMENT to its affiliates without the written consent of AFBIS. None of the terms of this AGREEMENT shall be
construed to inure directly or indirectly to the benefit of any third party or persons not a signatory hereto, nor convey upon
such any such third party any right of action hereunder.


 


5. In the event any provision of this AGREEMENT
is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity of enforceability
of any other provision herein.


 


6. This AGREEMENT may be executed in counterparts,
each of which shall be deemed an original agreement, but all of which together shall constitute one and the same agreement.


 


7. Each of the parties hereto shall conduct
the work to be performed hereunder as an independent contractor and not as an agent or employee of the other party. Subject to
the terms and conditions of this AGREEMENT, each party shall choose the means to be employed and the manner of carrying out its
obligations hereunder. Each party shall have the sole responsibility for the supervision and payment of its personnel and, except
as agreed to in writing, for all other costs and expenses required to perform its obligations hereunder. This AGREEMENT does not
create a partnership, joint venture, or fiduciary relationship.


 


8. No party to this AGREEMENT shall furnish
copies of this AGREEMENT or disclose the provisions hereof to any person who is not a party to this AGREEMENT, except and to the
extent as may be required in order to comply with any law or governmental order, court discovery order, regulation or ruling.


 


9. The waiver by either party or a breach or
violation of any provision of this AGREEMENT shall not operate or be construed as a waiver of any subsequent breach of such provision.


 


10. The COMPANY, for itself and any persons
whose rights are derivative of the Company (including, but not limited to, assigns, successors, and representatives), hereby covenants
and agrees that it will not institute or file any judicial or administrative proceeding, or cause the instituting or filing (directly
or indirectly) of any judicial or administrative proceeding, or assist any third party that has instituted or filed any judicial
or administrative proceeding, against FCIC, RMA, the United States Department of Agriculture, or any officer, agent, or director
thereof (collectively, “FCIC”), challenging the legality of the terms and conditions of section 111(a) of the
Standard Reinsurance Agreement. Nothing in the forgoing precludes the Company from responding to a court order. This covenant and
agreement may be pleaded by FCIC as a bar or release in the event any such judicial or administrative proceeding is instituted
or filed. The COMPANY shall require its agents to acknowledge in writing that the agents agree to and are bound by the same covenant
not to sue contained in this paragraph. Such acknowledgement will be administered by AFBIS through required documentation prior
to processing business.


 




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IN WITNESS WHEREOF, the parties hereto
have caused this MULTIPLE PERIL CROP/LIVESTOCK INSURANCE FULL SERVICE AGENCY AGREEMENT to be executed in duplicate at the
places and on the dates listed below, to become effective as provided in Article I - Effective Date and Term.


 


	 	AMERICAN FARM BUREAU INSURANCE SERVICES, INC.
	 	 
	 	Accepted as to form and content by its
	 	duly authorized representative
	 	 
	 	/s/ Tim A. Green
	 	Name:  Tim A. Green
	 	 
	 	Title:  Vice President & General Manager
	 	 
	 	Executed at Fargo, North Dakota, this 29th day of January, 2016.
	 	 
	 	NODAK MUTUAL INSURANCE COMPANY AMERICAN WEST INSURANCE COMPANY BATTLE CREEK MUTUAL INSURANCE COMPANY
	 	 
	 	Accepted as to form and content by its
	 	duly authorized representative
	 	 
	 	/s/ Brian R. Doom
	 	Name:  Brian R. Doom
	 	 
	 	Title:  Secretary/Treasurer & CFO
	 	 
	 	Executed at Fargo, North Dakota, this 6th day of February, 2016.


 




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EXHIBIT A


 


LIST OF PARTICIPATING STATES


 


TO


 


A MULTIPLE PERIL CROP/LIVESTOCK INSURANCE
AGENCY AGREEMENT


 


between


 


AMERICAN FARM BUREAU INSURANCE SERVICES,
INC.


 


and


 


NODAK MUTUAL INSURANCE COMPANY and

AMERICAN WEST INSURANCE COMPANY and

BATTLE CREEK MUTUAL INSURANCE CO1VIPANY


 


REINSURANCE YEAR 2016


 


LIST OF PARTICIPATING STATES


 


MINNESOTA


 


NEBRASKA


 


NORTH DAKOTA


 


SOUTH DAKOTA


 




     


     


    

  


EXHIBIT B


 


SERVICE FEE SCHEDULE


 


TO


 


MULTIPLE PERIL CROP/LIVESTOCK INSURANCE
AGENCY AGREEMENT


 


between


 


AMERICAN FARM BUREAU INSURANCE SERVICES,
INC.


 


and


 


NODAK MUTUAL INSURANCE COMPANY and

AMERICAN WEST INSURANCE COMPANY and

BATTLE CREEK MUTUAL INSURANCE COMPANY


 


REINSURANCE YEAR 2016


 


1. For POLICIES issued in the states listed
in Exhibit 1, COMPANY shall pay AFBIS service fees as follows.


 


A. For all Lines of Business described in Article III
— as described in paragraph one:


 


a. Ten percent (10%) on the first $1,000,000 of
gross and imputed processed premium, by state.


 


b. Seven percent (7.0%) on all gross and imputed
processed premium in excess of $1,000,000, by state, capped at $1,250,000.


 


c. Two and ten one hundredths percent (2.1%) on
all gross and imputed processed premium in excess of $1,000,000, by state, capped at $500,000.


 


d. One and eighty-eight hundredths percent (1.88%)
for Allocated LAE on all gross and imputed processed premium, by state, to be adjusted to actual at final settlement.


 


2. No service fee shall apply to interest charged
for late payment of premium.


 


3. All service fees shall be paid as soon as
possible, this is within forty-five (45) days following AFBIS’ receipt of expense reimbursement funds from FCIC.


 




     


     


    

  


EXHIBIT C


 


NON-DISCLOSURE CERTIFICATION


 


TO


 


MULTIPLE PERIL CROP/LIVESTOCK INSURANCE
AGENCY AGREEMENT


 


between


 


AMERICAN FARM BUREAU INSURANCE SERVICES,
INC.


 


and


 


NODAK MUTUAL INSURANCE COMPANY and

AMERICAN WEST INSURANCE COMPANY and

BATTLE CREEK MUTUAL INSURANCE COMPANY


 


REINSURANCE YEAR 2016


 


1. “Protected Information”
means any Personally Identifiable Information about a policyholder, or information about the policyholder’s farming operation
or insurance policy, acquired from the policyholder, USDA, the Comprehensive Information Management System, or the policyholder’s
previous or current approved insurance provider or agent that is protected from disclosure by the Privacy Act of 1974 (5 U.S.C.
§ 552a), section 502(c) of the Act (7 U.S.C. § 1502(c)), or any other applicable Federal statute.
This definition includes all hard copy or electronic information.


 


2. Any person either employed by or contracting
with COMPANY who has access to Protected Information is required to sign an individual Non-disclosure Statement (NDS).


 


3. COMPANY will maintain copies of each such
NDS and have them available for examination.


 


4. COMPANY has reviewed its files and, as of
the date of this AGREEMENT, certifies that all employees or other persons having access to Protected Information have signed an
NDS.


 


5. COMPANY and all of its affiliates shall develop,
implement, and maintain information controls and systems, including those pertaining to all Protected Information and records,
in a manner consistent with the Federal Information Security Management Act (FISMA) (44 U.S.C. § 3541), or any Federal
law covering Federal crop insurance information. Said controls and systems shall include, among other requirements, provision for
COMPANY to make notification of any compromise of Protected Information within one (1) hour of said compromise.


 


6. The requirements of this Exhibit shall survive
and continue in full force and effect following the termination of this AGREEMENT.