Common use of Date of First Delivery Clause in Contracts

Date of First Delivery. Producer shall notify Cargill, in writing, at least thirty (30) days prior to the date it expects to make first delivery of DG to Cargill (the “Projected Date of First Delivery”). Additionally, Producer shall provide a best estimate of production on a daily basis for the six (6) month period following the date of first delivery. For the avoidance of doubt, Cargill shall not be obligated to enter into sales agreements for DG or arrange for any rail or truck freight until Producer has provided Cargill with written notice of the Projected Date of First Delivery.

Appears in 2 contracts

Samples: Distillers Grains Marketing Agreement (BioFuel Energy Corp.), Distillers Grains Marketing Agreement (BioFuel Energy Corp.)

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Date of First Delivery. Producer shall notify Cargill, in writing, at least thirty (30) days prior to the date it expects to make first delivery of DG Ethanol to Cargill (the “Projected Date of First Delivery”). Additionally, Producer shall provide a best estimate of production on a daily basis for the six (6) month period following the date of first delivery. For the avoidance of doubt, Cargill shall not be obligated to enter into sales agreements for DG Ethanol or arrange for any rail or truck freight until Producer has provided Cargill with written notice of the Projected Date of First Delivery.

Appears in 2 contracts

Samples: Ethanol Marketing Agreement (BioFuel Energy Corp.), Ethanol Marketing Agreement (BioFuel Energy Corp.)

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