Common use of Buyer's Failure to Purchase Clause in Contracts

Buyer's Failure to Purchase. In the event that Gavilon is prepared to deliver Feedstock per the relevant Confirmed Order, Buyer fails to take delivery of any such tonnage, and Gavilon, after using commercially reasonable efforts to mitigate any damage, sells such Feedstock to a substitute buyer, then Buyer shall reimburse Gavilon for (i) the amount, if any, by which the Delivered Price exceeds the price paid by the substitute buyer, plus (ii) reasonable additional costs incurred by Gavilon due to such substitute sale, including, without limitation, additional leased railcar costs, dead mileage costs for leased railcars, and out-of-pocket costs of selling Feedstock. If Gavilon is unable to sell the Feedstock to a substitute buyer then Buyer shall reimburse Gavilon for the entire purchase price plus reasonable additional costs, and Gavilon shall redeliver such Feedstock to Buyer (at Buyer's expense). Payment shall be made according to the terms set forth in Section 4 upon Buyer's receipt of appropriate documentation from Gavilon, including, without limitation, invoices and receipts related to such sale of Feedstock. All such additional costs incurred by Gavilon, if any, shall be fully documented by Gavilon and submitted to Buyer as a condition to Buyer's reimbursement hereunder. 3.3

Buyer's Failure to Purchase. In the event that Gavilon is prepared to deliver Feedstock per the relevant Confirmed Order, Buyer fails to take delivery of any such tonnage, and Gavilon, after using commercially reasonable efforts to mitigate any damage, sells such Feedstock to a substitute buyer, then Buyer shall reimburse Gavilon for (i) the amount, if any, by which the Delivered Price exceeds the price paid by the substitute buyer, plus (ii) reasonable additional costs incurred by Gavilon due to such substitute sale, including, without limitation, additional leased railcar costs, dead mileage costs for leased railcars, and out-of-pocket costs of selling Feedstock. If Gavilon is unable to sell the Feedstock to a substitute buyer then Buyer shall reimburse Gavilon for the entire purchase price plus reasonable additional costs, and Gavilon shall redeliver such Feedstock to Buyer (at Buyer's expense). Payment shall be made according to the terms set forth in Section 4 upon Buyer's receipt of appropriate documentation from Gavilon, including, without limitation, invoices and receipts related to such sale of Feedstock. All such additional costs incurred by Gavilon, if any, shall be fully documented by Gavilon and submitted to Buyer as a condition to Buyer's reimbursement hereunder. 3.3.

Buyer's Failure to Purchase. In the event that Gavilon is prepared to deliver Feedstock Corn per the relevant Buyer’s Corn Order or Confirmed Order, and Buyer fails to take delivery of any such tonnage, and Gavilon, after using commercially reasonable efforts to mitigate any damagedamages, sells such Feedstock Corn to a substitute buyer, then Buyer shall reimburse Gavilon for (i) the amount, if any, by which the Delivered Corn Price exceeds the price paid by the substitute buyer, plus (ii) reasonable out-of-pocket additional costs incurred by Gavilon due to such substitute sale, including, without limitation, additional leased railcar costs, dead mileage costs for leased railcars, and out-of-pocket costs of selling FeedstockCorn (Gavilon’s internal costs shall be excluded). If Gavilon is unable to sell the Feedstock Corn to a substitute buyer buyer, then Buyer shall reimburse Gavilon for the entire purchase price plus reasonable additional costs, and Gavilon shall sell and redeliver such Feedstock Corn to Buyer (at Buyer's ’s expense). Buyer acknowledges and agrees that Gavilon shall be entitled to the Supply Fee on Corn sales under this Section. Payment shall be made according to the terms set forth in Section Article 4 upon Buyer's ’s receipt of appropriate documentation from Gavilon, including, without limitation, invoices and receipts related to such sale of FeedstockCorn. All such additional costs incurred by Gavilon, if any, shall be fully documented by Gavilon and submitted to Buyer as a condition to Buyer's ’s reimbursement hereunder. 3.3Except to the extent specified in Section 8.2.1, the remedy specified in this Section 3.4 shall be Gavilon’s sole and exclusive remedy in the event that Buyer fails to take delivery of any Corn per the relevant Buyer’s Corn Order or Confirmed Order.

Buyer's Failure to Purchase. In the event that Gavilon LIPID is prepared to deliver the Feedstock per the relevant Confirmed Order, and Buyer fails to take delivery of any such tonnage, tonnage and GavilonLIPID, after using commercially reasonable efforts to mitigate any damageefforts, sells such Feedstock to a substitute buyer, then Buyer shall reimburse Gavilon LIPID for (i) the amount, if any, by which the Delivered Feedstock Price exceeds the price paid by the substitute buyer, plus (ii) reasonable additional costs incurred by Gavilon LIPID due to such substitute sale, including, without limitation, additional leased railcar car costs, dead mileage costs for leased railcarscars, and out-of-pocket costs of selling Feedstock. If Gavilon LIPID is unable to sell the Feedstock to a substitute buyer then Buyer shall reimburse Gavilon LIPID for the entire purchase price plus reasonable additional costs, and Gavilon LIPID shall redeliver such Feedstock to Buyer (at Buyer's ’s expense). LIPID shall in any event be entitled to the Service Fee on Feedstock sales under this Section. Payment shall be made according to the terms set forth in Section 4 upon Buyer's ’s receipt of appropriate documentation from GavilonLIPID, including, without limitation, invoices and receipts related to such sale of Feedstock. All such additional costs incurred by GavilonLIPID, if any, shall be fully documented by Gavilon LIPID and submitted to Buyer as a condition to Buyer's ’s reimbursement hereunder. 3.3.