COMMISSION ADJUSTMENT. On the fifth (5th) anniversary of the Effective Date of this Agreement, upon the written request of either Party, the Parties shall negotiate in good faith an adjustment to the commission to take into account changes in market conditions, operating conditions or costs, including overhead costs, inflation or other factors; provided, however, that in the event the Parties are unable to agree to any such adjustments within thirty (30) days following commencement of such negotiations, no adjustment to the commission will be made.
Appears in 4 contracts
Samples: Distillers Grains Marketing Agreement (BioFuel Energy Corp.), Ethanol Marketing Agreement (BioFuel Energy Corp.), Distillers Grains Marketing Agreement (BioFuel Energy Corp.)