Binding Effect on Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of Gold and Producer and their respective successors and permitted assigns. Nothing in this Agreement, express or implied, is intended to confer upon any person other than Gold and Producer (and their respective successors and permitted assigns) any rights, remedies, liabilities or obligations under or by reason of this Agreement, except that (i) Producer acknowledges that Gold shall sell the Ethanol to third parties based upon and in reliance on Producer’s representations and warranties set forth in Section 9 and Section 17(e); and (ii) Gold’s and Producer’s respective Affiliates, employees and agents shall have the rights provided in, respectively, Sections 35 and 36.
Appears in 4 contracts
Samples: Exclusive Ethanol Marketing Agreement (Advanced BioEnergy, LLC), Exclusive Ethanol Marketing Agreement (Advanced BioEnergy, LLC), Exclusive Ethanol Marketing Agreement (Advanced BioEnergy, LLC)
Binding Effect on Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of Gold and Producer and their respective successors and permitted assigns. Nothing in this Agreement, express or implied, is intended to confer upon any person other than Gold and Producer (and their respective successors and permitted assigns) any rights, remedies, liabilities or obligations under or by reason of this Agreement, except that (i) Producer acknowledges that Gold shall sell the Ethanol Distiller’s Grains to third parties based upon and in reliance on Producer’s representations and warranties set forth in Section 9 8 and Section 17(e16(e); , and (ii) Gold’s and Producer’s respective Affiliatesaffiliates, employees and agents shall have the rights provided in, respectively, Sections 35 36 and 3637.
Appears in 2 contracts
Samples: S Grains Marketing Agreement (Advanced BioEnergy, LLC), S Grains Marketing Agreement (Golden Grain Energy)