Common use of DELIVERY AND TITLE Clause in Contracts

DELIVERY AND TITLE. A. The place of delivery for all Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by rail. All labor and equipment necessary to load rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller shall be responsible at all times for the quantity, quality and condition of any Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply rail cars as scheduled for rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcar. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place a) All products are shipped FCA (Incoterms 2010) seller’s premises. Subject to seller's right of stoppage in transit, delivery of the products to the carrier will constitute delivery to buyer and title and risk of loss will pass to buyer. b) Seller will make reasonable efforts to initiate shipment and schedule delivery as close as possible to buyer's requested delivery date(s). Xxxxx acknowledges that delivery dates provided by seller are estimates only and that seller will not be liable for all Products sold pursuant failure to this Agreement deliver on such dates. c) Selection of the carrier and delivery route will be made by seller unless specifically designated by buyer. d) Seller reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle buyer to cancel any other installment(s). Delivery of any installment of products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve buyer of the obligation to accept delivery and pay for the products delivered. e) Deliveries shall be FOB Plantmade during normal business hours Monday through Friday. Buyer and Buyer’s agents shall One attempt to deliver will be given access made. Should delivery need to Seller’s Plant in a manner and at all times reasonably necessary and convenient be rescheduled, any additional costs incurred for Buyer redelivery and/or storage fees will be charged to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by rail. All labor and equipment necessary to load rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practicebuyer. Seller shall maintain the rail loading facilities in safe operating condition in accordance with normal industry standardsuse reasonable efforts to make timely delivery but shall be excused from any delays arising out of causes beyond its reasonable control. Any specific delivery dates that may be stated are approximate. B. Seller shall be responsible f) If completion of delivery is prevented through no fault of seller, seller may specify a reasonable alternative place of delivery. Xxxxx agrees that all costs of storage and transport incurred following an initial attempt at all times for the quantitydelivery are hereby allocated to and imposed upon buyer, quality and condition of any Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply rail cars as scheduled for rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly added by seller to Buyerthe sale price. Delivery may at any time be withheld by seller pending payment of any sum due from the buyer to seller. Seller will return Product via the incoming method unless an alternative method has been indicated on the purchase order or a change authorized by the buyer representative. D. Buyer shall provide loading orders g) Deliveries made outside the 48 contiguous States may be subject to modified terms and conditions as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of stated within the DDGS unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcar. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writingorder quote. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place of 10.1 Seller shall, at its sole expense, package Containers for delivery for all Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by rail. All labor and equipment necessary to load rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products in a good and workmanlike manner in accordance with the specifications set out in Schedule F attached hereto (“Secondary Packaging Information”). 10.2 All of the Contract Prices for the PET Products are FOB Seller’s source manufacturing plant provided in Schedule B, however, that Seller shall retain title and risk of loss of all PET Products until an authorized signature is obtained from a Buyer’s location on a xxxx of lading, except in those cases where a Buyer arranges transportation, in which case, title and risk of loss shall pass to that Buyer upon delivery of the PET Products to the carrier at Seller’s loading dock. 10.3 Buyer may, at its option,, self-manage freight for any PET Product to be purchased from the Seller hereunder, provided Buyer gives reasonable requirements notice to the Seller allowing any time which might be needed by the Seller to adjust any agreements which Seller may have with its transportation vendors covering the providing of freight carriage for such purchases. 10.4 For each supply lane, Seller will use commercially reasonable efforts to secure a minimum of three (3) freight rate quotes. Each such quote will include [ * * * ]. Such quotes shall be communicated to PCAM by November 1 for the following Contract Year. Seller will make commercially reasonable efforts to provide the Buyers with the most cost effective freight rates, and will provide PCAM with copies of quote detail upon request. 10.5 Pallets, top frames, tier sheets and Preform gaylords are Seller-owned and are returnable and reusable. Upon Seller’s request, PCAM shall use commercially reasonable efforts to cause Buyer’s filling locations to store no more than [ * * * ] truckloads of Seller’s returnable packaging material on site, and to return such material in full truckload quantities and in accordance good order, normal wear and tear excepted. In the event Seller’s returnable packaging is lost are destroyed Buyer and Seller shall work together in good faith to negotiate a commercial settlement. 10.6 Seller may allocate volume for a particular supply lane to one or more carriers to achieve an optimal balance of cost and fulfillment level. In the event of allocation to multiple carriers, Seller will communicate a [ * * * ] freight rate quote. For each quote, PCAM will indicate acceptance, or intent to self-manage freight arrangements for the lane. [ * * * ] Confidential treatment requested. 10.7 All rates accepted by PCAM shall apply for one Contract Year unless mutually agreed otherwise. Reasons for changing a rate include (a) carrier disqualification for failure to meet committed levels of service, (b) carrier demand for [ * * * ] originally agreed with normal industry practiceSeller, where such demand results from a change in Buyer filling location practice or protocol, (c) material change in lane requirements, and (d) carrier withdrawal of services. Seller shall maintain the rail loading facilities re-bid any lane so impacted in safe operating condition in accordance accord with normal industry standardsSection 10.4 above. B. 10.8 Buyer shall [ * * * ]. Seller will utilize the [ * * * ] Calculation (Schedule I) as basis for [ * * * ] unless mutually agreed otherwise, and will use commercially reasonable efforts to [ * * * ] to such. The amount of [ * * * ] will be based on the [ * * * ], as regionally appropriate for the [ * * * ], as determined by the [ * * * ]. 10.9 In the event Seller closes, sells or otherwise disposes of a supply location during the Term, Seller shall be responsible at all times for [ * * * ] arising from such disposal for the quantitybalance of the Term, quality and condition of any Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of Products stored by Buyer at locations other than the Plantunless mutually agreed otherwise. C. Buyer shall give 10.10 The parties agree to Seller a schedule of quantities of work together to develop and implement additional or alternative transportation arrangements in an effort to reduce freight costs throughout the Products to be removed by rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply rail cars as scheduled for rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to BuyerTerm. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcar. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place of Seller shall follow the delivery for all Products sold pursuant to schedule shown in this Agreement and shall be FOB Plantnot make deliveries later or substantially earlier than the dates shown. If items are shipped substantially in advance of schedule delivery dates, Buyer and Buyer’s agents shall be given access to may return them at Seller’s Plant in expense. If Seller does not adhere to the delivery schedule, Buyer may either agree to a manner and at all times reasonably necessary and convenient revised delivery schedule or terminate this Agreement for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by rail. All labor and equipment necessary to load rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products in a good and workmanlike manner default in accordance with Buyer’s reasonable requirements and in accordance with normal industry practiceArticle 21. Seller shall maintain the rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller shall be responsible at all times for the quantity, quality and condition notify Buyer promptly of any Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition delays or of any actual or potential labor dispute, which is delaying or threatens to delay the timely performance of Products stored by Buyer at locations other than the Plant. C. Buyer this Agreement. Such notice shall give include all relevant information with respect to Seller a schedule of quantities such dispute. Time is of the Products essence in the performance of this Agreement. Subject to be removed by rail with sufficient advance notice reasonably to allow Article 30, Buyer may charge Seller to provide the required services. Seller shall provide the labor, equipment and facilities for Buyer’s premium transportation costs if necessary to meet Buyer’s loading contract delivery schedule(s) if Seller cannot meet the agreed upon delivery schedule andas set forth in this Agreement. Unless otherwise stated in this Agreement, except for any consequential or indirect damages, all Products delivered under this Agreement shall be responsible shipped FOB Destination, and Seller shall prepay all transportations charges. Seller assumes all risk of loss until delivery to locations specified herein. Title of the Products shall pass to Buyer upon acceptance by Buyer of such Products at the delivery locations specified herein, subject to acceptance per Article 7 below. Buyer may return, or store at Seller’s expense, any Products delivered more than ten (10) days in advance of the delivery date specified for such Products unless early delivery is authorized in writing by the Buyer. Buyer shall have no obligation to accept over-shipments. In the event of an over- shipment, Buyer may, at its option: (i) retain Products shipped in excess of the quantities stated in this Agreement, at the price set forth in this Agreement, (ii) return such items to Seller at Seller’s actual costs expense, or (iii) place into storage the excess quantities of Products at Seller’s risk and expense. Seller agrees to immediately notify Buyer of any delays in meeting the required delivery schedule and the reasons therefore. In addition to any other remedy Buyer may have under this Agreement, Buyer shall be entitled to deduct an amount equal to five percent (5%) of the invoice amount for each delivery made after the scheduled delivery date. Said deduction is agreed by Buyer and Seller to be liquidated damages resulting from Seller’s failure to do so. Buyer shall order late delivery and supply rail cars as scheduled for rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal construed as a penalty. Acceptance of late deliveries or waiver of the DDGS unless Seller shall have provided to above stated liquidated damages does not constitute a waiver of any rights by the Buyer production schedules as follows: Five (5) days prior to the beginning or of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcar. Seller shall inform Buyer daily of inventory any other terms and production status. For purposes conditions of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writingAgreement. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place of delivery for all the Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule coordinate the loading and shipping of all outbound Products purchased hereunder which is shipped by railtruck or rail with Seller. All labor and equipment necessary to load trucks or rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all the Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the truck and rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller further warrants that storage space for not less than seven days production of DDGS shall be reserved for Buyer’s use at the Plant and shall be continuously available for storage of DDGS purchased by Buyer hereunder at no charge to Buyer. Seller shall be responsible at all times for the quantity, quality and condition of any the Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of the Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by truck and rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply trucks and rail cars as scheduled for truck and rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS Products unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcarmonth. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Sxxxx Xxxxxxx, Facsimile number 000600-000-0000 or email e-mail to xxxxxxxx@xxx-xxxxx.xxxsxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, . Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS Products into trucks or rail cars and delivering to Buyer of a the xxxx bxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place of delivery for (a) Title, custody and possession to all Products sold pursuant Product delivered to Warner Petroleum under this Agreement shall be FOB Plant. Buyer and Buyer’s agents pass from Greenfire to Warner Petroleum when the Product passes from Greenfire's delivery truck last connection flange into the designated Transloading Facility's first hard receiving manifold flange. (b) All Product quantities received or delivered shall be given access to Seller’s Plant in a manner determined by calibrated - custody transfer grade meters and/or by gauging and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped computations from certified tank tables and/or by rail. All labor and equipment necessary to load weighing rail cars shall be supplied by Seller without charge or trucks on certified weigh scales adjusted to Buyer. Seller agrees to handle all Products in a good temperature of 15.0 degrees Celsius (60 degrees Fahrenheit) and workmanlike manner a pressure of one standard atmosphere (14.7 PSIA) in accordance with Buyer’s reasonable requirements the latest revision of American Petroleum Institute ("API") MPMS Chapter 11 Table 54A. All measurements sampling, equipment, procedures, calculations and tests shall be performed in accordance with normal industry practicethe latest applicable API or ASTM published methods and Applicable Laws. Seller Either Party shall maintain have the rail loading facilities in safe operating condition right to have a representative witness all gauges, tests and measurements. In the absence of the other Party's representative, such gauges, tests and measurements shall be deemed to be correct. (c) The Product delivered hereunder shall be in accordance with normal industry standardsthe specifications set out in Schedule "B". In the event pipeline transportation (origins or destinations) is involved, all Product delivered under the Agreement must also meet the quality requirements of the applicable transporting pipeline as set out in the applicable tariff/rules and regulations. B. Seller shall be responsible at all times for (d) Greenfire warrants that the quantity, quality and condition of any Products in storage at the Plant. Seller Product delivered hereunder shall not be responsible contaminated by chemicals foreign to virgin Product including, chlorinated and/or oxygenated hydrocarbons and lead. Warner Petroleum may refuse to accept delivery of any quantities of Product which do not conform to the specifications set forth in Schedule "B", even after delivery to Warner Petroleum. If Warner Petroleum rejects and returns any quantities of Product which do not conform to the specifications set forth in Schedule "B", Greenfire shall reimburse Warner Petroleum for all expenses incurred for the quantityreturn thereof; including to full market value of the Product, transportation and handling fees, tariff fees, quality and condition of any of Products stored by Buyer at locations other than the Planttesting, etc. C. Buyer shall give to Seller a schedule (e) Greenfire represents that it is sophisticated and knowledgeable in the storage, handling, transportation and use of quantities of the Products to be removed by rail with sufficient advance notice reasonably to allow Seller to provide the required servicesProduct. Seller Greenfire shall provide Warner Petroleum with a Material Safety Data on a timely basis which details up to date properties and safe handling procedures for the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do soProduct. Buyer shall order and supply rail cars as scheduled for rail shipments. All freight charges shall be Warner Petroleum acknowledges that the responsibility of Buyer and shall be billed directly to BuyerProduct is a hazardous material. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcar. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place of delivery for all the Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s 's agents shall be given access to Seller’s 's Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by truck or rail. All labor and equipment necessary to load trucks or rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all the Products in a good and workmanlike manner in accordance with Buyer’s 's reasonable requirements and in accordance with normal industry practice. Seller shall maintain the truck and rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller further warrants that storage space for not less than [*] shall be reserved for Buyer's use at the Plant and shall be continuously available for storage of DDGS purchased by Buyer hereunder at no charge to Buyer. Seller shall also make available the necessary storage for WDG and MWDG which is adequate for Buyer to market such products. Seller shall be responsible at all times for the quantity, quality and condition of any the Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of the Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by truck and rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s 's loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s 's actual costs or damages resulting from Seller’s 's failure to do so. Buyer shall order and supply trucks and rail cars as scheduled for truck and rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s 's usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS Products unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcarmonth. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx0000, and *Portion omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. If to Seller, to the attention of Xxxxx XxxxxxX. Xxxxx, President, Facsimile number (000) 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, 0000. Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS Products into trucks or rail cars and delivering to Buyer of the xxxx of lading for each such shipment. F. In the event that Buyer orders WDG or MWDG from Seller and Xxxxx does take such Products from Seller at the time that Buyer specifies and such product spoils or otherwise goes out of condition, Buyer shall pay Seller for such product.

DELIVERY AND TITLE. A. The place of delivery for all the Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by truck or rail. All labor and equipment necessary to load trucks or rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all the Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the truck and rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller further warrants that storage space for not less than not less than seven days production of DDGS shall be reserved for Buyer’s use at the Plant and shall be continuously available for storage of DDGS purchased by Buyer hereunder at no charge to Buyer. Seller shall also make available the necessary storage for WDG and Solubles which is adequate for Buyer to market such products. Seller shall be responsible at all times for the quantity, quality and condition of any the Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of the Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by truck and rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply trucks and rail cars as scheduled for truck and rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS Products unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcarmonth. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by ebye-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS Products into trucks or rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place of delivery for all the Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Seller and for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is are shipped by truck or rail. All labor and equipment necessary to load trucks or rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all the Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the truck and rail loading facilities in safe operating condition and in accordance with normal industry standards. B. Seller further warrants that storage space for not less than five (5) days production of DDGS shall be reserved for Buyer’s use at the Plant and shall be continuously available for storage of DDGS purchased by Buyer hereunder at no charge to Buyer. Seller shall also make available the necessary storage for Solubles which is adequate for Buyer to market such products. Seller shall be responsible at all times for the quantity, quality and condition of any of the Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of the Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by truck and rail with sufficient advance notice to reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Except as otherwise set forth herein, Buyer shall order and supply trucks and rail cars as scheduled for truck and rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, ; provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS Products unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the fee term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcarmonth. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering to Buyer of the xxxx of lading for each such shipment.production

DELIVERY AND TITLE. A. (i) The place ownership of delivery items shall be transferred directly from the Supplier to the addressee of the delivery, as far as nothing else has been expressly agreed. Should the Buyer himself be the addressee of the delivery, then he functions solely as an agent for the owner. The ownership of delivery items passes over to the owner either upon delivery, upon provision of the delivery as per order or upon payment of instalments on the order price by the Buyer or the addressee of the delivery (the deciding factor is the process that takes place first). If the ownership of the delivery items has passed over to the owner stipulated in the contract before delivery, then the Supplier is to identify the delivery items clearly as third-party property. (ii) The delivery is to be made free of charge to the address indicated in the order or to the address indicated by the Buyer during the order process, provided nothing else is agreed in writing. The Supplier is obligated to state our purchase order number accurately on all shipping documents and delivery notes; should he omit to do this, then we cannot be held responsible for any delays in processing the order which are due to such omission. (iii) For international shipments, Supplier shall make the Goods available for export fully cleared from customs and shall arrange for delivery of the Goods to the consolidating hub or to Buyer’s specified carrier’s container yard at the port of shipment. Supplier shall obtain all necessary export licenses and authorisations, and shall assume responsibility for all Products sold pursuant fees and costs associated with export customs formalities and with getting the Goods ready for loading, including but not limited to this Agreement customs clearance, container yard / container freight station, receiving, terminal handling and documentation fees. Supplier shall be FOB Plantresponsible for the costs of checking operations, packaging and appropriate marking which are necessary for the purpose of delivering the Goods. Buyer Supplier shall provide, at Supplier’s cost, the delivery order and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient / or usual transport document required for Buyer to take delivery as provided hereinof Goods. Supplier shall give Buyer shall schedule sufficient notice of the loading dispatch of the Goods and (iv) With the exception of fees and shipping costs associated with (I) export customs formalities, (II) getting Goods ready for loading, and (III) checking operations, packaging and appropriate marking of the Goods, Buyer is responsible for all outbound Products purchased hereunder which is shipped by railcosts for carriage / transportation from Supplier’s facility to final destination. All labor and equipment necessary to load rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products in a good and workmanlike manner in accordance with At Buyer’s reasonable requirements option and in accordance with normal industry practicerequest, Supplier will prepay the carriage / transportation costs from Supplier’s facility to port of export and add such costs to the Buyer’s invoice. Seller shall maintain Otherwise, all carriage / transportation costs from Supplier’s facility to final destination are freight collect. Notwithstanding the rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller shall be responsible at all times for the quantityforegoing, quality and condition of any Products in storage at the Plant. Seller shall not be Supplier is responsible for the quantityany costs, quality and condition fees, expenses or penalties incurred as a result of any of Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from SellerSupplier’s failure to do so. hire a Buyer shall order and supply rail cars as scheduled for rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly approved carrier without Buyer’s prior written consent or to Buyerotherwise follow Xxxxx’s instructions. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcar. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

DELIVERY AND TITLE. A. (i) The place ownership of delivery items shall be transferred directly from the Supplier to the addressee of the delivery, as far as nothing else has been expressly agreed. Should the Buyer himself be the addressee of the delivery, then he functions solely as an agent for the owner. The ownership of delivery items passes over to the owner either upon delivery, upon provision of the delivery as per order or upon payment of instalments on the order price by the Buyer or the addressee of the delivery (the deciding factor is the process that takes place first). If the ownership of the delivery items has passed over to the owner stipulated in the contract before delivery, then the Supplier is to identify the delivery items clearly as third-party property. (ii) The delivery is to be made free of charge to the address indicated in the order or to the address indicated by the Buyer during the order process, provided nothing else is agreed in writing. The Supplier is obligated to state our purchase order number accurately on all shipping documents and delivery notes; should he omit to do this, then we cannot be held responsible for any delays in processing the order which are due to such omission. (iii) For international shipments, Supplier shall make the Goods available for export fully cleared from customs and shall arrange for delivery of the Goods to the consolidating hub or to Buyer’s specified carrier’s container yard at the port of shipment. Supplier shall obtain all necessary export licenses and authorisations, and shall assume responsibility for all Products sold pursuant fees and costs associated with export customs formalities and with getting the Goods ready for loading, including but not limited to this Agreement customs clearance, container yard / container freight station, receiving, terminal handling and documentation fees. Supplier shall be FOB Plantresponsible for the costs of checking operations, packaging and appropriate marking which are necessary for the purpose of delivering the Goods. Buyer Supplier shall provide, at Supplier’s cost, the delivery order and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient / or usual transport document required for Buyer to take delivery as provided hereinof Goods. Supplier shall give Buyer sufficient notice of the dispatch of the Goods and any other notice necessary to take delivery of the Goods. Buyer shall schedule pay for the loading costs of pre-shipment inspection except when such inspections are required by the country of export. Buyer shall obtain all necessary import licences and shipping authorisations and shall assume responsibility for all fees and costs associated with import customs formalities, including but not limited to import clearance, duties and administrative costs. (iv) With the exception of fees and costs associated with (I) export customs formalities, (II) getting Goods ready for loading, and (III) checking operations, packaging and appropriate marking of the Goods, Buyer is responsible for all outbound Products purchased hereunder which is shipped by railcosts for carriage / transportation from Supplier’s facility to final destination. All labor and equipment necessary to load rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products in a good and workmanlike manner in accordance with At Buyer’s reasonable requirements option and in accordance with normal industry practicerequest, Supplier will prepay the carriage / transportation costs from Supplier’s facility to port of export and add such costs to the Buyer’s invoice. Seller shall maintain Otherwise, all carriage / transportation costs from Supplier’s facility to final destination are freight collect. Notwithstanding the rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller shall be responsible at all times for the quantityforegoing, quality and condition of any Products in storage at the Plant. Seller shall not be Supplier is responsible for the quantityany costs, quality and condition fees, expenses or penalties incurred as a result of any of Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from SellerSupplier’s failure to do so. hire a Buyer shall order and supply rail cars as scheduled for rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly approved carrier without Buyer’s prior written consent or to Buyerotherwise follow Xxxxx’s instructions. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcar. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place of delivery for all Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by truck or rail. All labor and equipment necessary to load trucks or rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all the Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the truck and rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller further warrants that storage space for not less than 3,000 tons of DDGS, 150 tons of WDG or 200 tons of MWDG shall be reserved for Buyer’s use at the Plant and shall be continuously available for storage of DDGS purchased by Buyer hereunder at no charge to Buyer. Seller shall be responsible at all times for the quantity, quality and condition of any Products DDGS in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of Products DDGS stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by truck and rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply trucks and rail cars as scheduled for truck and rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. Buyer shall assist Seller in arranging the lease of railcars for use in the removal of Product from the Plant. When such railcars are available, Buyer shall use the cars for the removal of Product, provided, however, should the railcars leased by Seller be unavailable or insufficient to remove the Product, Buyer may make other arrangements for the removal of Products from the Plant. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS Products unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcarmonth. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx0000, and If to Seller, to the attention of Xxxxx XxxxxxXxxxxx Xxxxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, 0000. Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS Products into trucks or rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place of Seller shall follow the delivery for all Products sold pursuant to schedule shown in this Agreement and shall be FOB Plantnot make deliveries later or substantially earlier than the dates shown. Buyer and Buyer’s agents shall be given access to If items are shipped substantially in advance of schedule delivery dates, Xxxxx may return them at Seller’s Plant in expense. If Seller does not adhere to the delivery schedule, Buyer may either agree to a manner and at all times reasonably necessary and convenient revised delivery schedule or terminate this Agreement for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by rail. All labor and equipment necessary to load rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products in a good and workmanlike manner default in accordance with Buyer’s reasonable requirements and in accordance with normal industry practiceArticle 21. Seller shall maintain the rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller shall be responsible at all times for the quantity, quality and condition notify Buyer promptly of any Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition delays or of any actual or potential labor dispute, which is delaying or threatens to delay the timely performance of Products stored by Buyer at locations other than the Plant. C. Buyer this Agreement. Such notice shall give include all relevant information with respect to Seller a schedule of quantities such dispute. Time is of the Products essence in the performance of this Agreement. Subject to be removed by rail with sufficient advance notice reasonably to allow Article 30, Buyer may charge Seller to provide the required services. Seller shall provide the labor, equipment and facilities for Buyer’s premium transportation costs if necessary to meet Buyer’s loading contract delivery schedule(s) if Seller cannot meet the agreed upon delivery schedule andas set forth in this Agreement. Unless otherwise stated in this Agreement, except for any consequential or indirect damages, all Products delivered under this Agreement shall be responsible shipped FOB Destination, and Seller shall prepay all transportations charges. Seller assumes all risk of loss until delivery to locations specified herein. Title of the Products shall pass to Buyer upon acceptance by Buyer of such Products at the delivery locations specified herein, subject to acceptance per Article 7 below. Buyer may return, or store at Seller’s expense, any Products delivered more than ten (10) days in advance of the delivery date specified for such Products unless early delivery is authorized in writing by the Buyer. Buyer shall have no obligation to accept over-shipments. In the event of an over- shipment, Buyer may, at its option: (i) retain Products shipped in excess of the quantities stated in this Agreement, at the price set forth in this Agreement, (ii) return such items to Seller at Seller’s actual costs expense, or (iii) place into storage the excess quantities of Products at Seller’s risk and expense. Xxxxxx agrees to immediately notify Buyer of any delays in meeting the required delivery schedule and the reasons therefore. In addition to any other remedy Buyer may have under this Agreement, Buyer shall be entitled to deduct an amount equal to five percent (5%) of the invoice amount for each delivery made after the scheduled delivery date. Said deduction is agreed by Xxxxx and Seller to be liquidated damages resulting from Seller’s failure to do so. Buyer shall order late delivery and supply rail cars as scheduled for rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal construed as a penalty. Acceptance of late deliveries or waiver of the DDGS unless Seller shall have provided to above stated liquidated damages does not constitute a waiver of any rights by the Buyer production schedules as follows: Five (5) days prior to the beginning or of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcar. Seller shall inform Buyer daily of inventory any other terms and production status. For purposes conditions of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writingAgreement. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place of delivery for all Products DDGS and WDG sold pursuant to this Agreement shall be the rail site or truck loading facilities FOB PlantSeller's Plants. Buyer and Buyer’s 's agents shall be given access to Seller’s Plant 's Plants in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products DDGS and WDG purchased hereunder which is shipped by rail. All hereunder, but all labor and equipment necessary to load rail cars or trucks shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products the DDGS and WDG in a good and workmanlike manner in accordance with Buyer’s reasonable 's requirements and in accordance with normal industry practice. Seller shall maintain the warrants that both rail and truck loading facilities shall be continuously maintained in safe safe, operating condition in accordance with normal industry standardscondition. B. Seller further warrants that storage space for not less than five (5) days production of DDGS under normal operating capacity shall be reserved for Buyer's use at or near the loading facilities and shall be continuously available for storage of DDGS purchased by Buyer hereunder. Seller shall be responsible at all times for the quantity, quality and condition of any Products all DDGS in storage at the Seller's Plant. Seller Buyer shall not be responsible for taking delivery of the quantity, quality DDGS and condition WDG prior to the expiration of any of Products stored by Buyer at locations other than the Plantthis 5 day period. C. On Friday of each week during any term hereof, Buyer shall give to Seller a schedule of quantities of the Products DDGS and WDG to be removed by rail with by Buyer during the next loading week (Monday through Sunday). For removal of DDGS and WDG by truck, Buyer shall give Seller sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s 's loading schedule and, except for any consequential or indirect damages, and shall be responsible for Buyer’s actual 's additional costs or damages resulting from Seller’s 's failure to do so; provided, however, that Seller is obligated only to use its best efforts to accommodate Buyer's request for loading when Seller has not received advance notice as hereinabove provided. Buyer shall order and supply arrange all railcars required to meet Buyer's loading schedule for rail cars shipments; Buyer shall arrange all trucks as scheduled for rail truck shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. Demurrage charges shall be the responsibility of Seller if incurred as a result of Seller's failure to fill or move railcars as projected or obligated under this agreement. Demurrage charges shall be the responsibility of Buyer if incurred as a result of Buyer's failure to timely move railcars, to timely notify Seller of railcar schedules, or to supply railcars in a manner reasonably designed to meet Seller's loading schedule. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s 's usual production schedule, ; provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS and WDG unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the any term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcarmonth. On Wednesday of each week during any term hereof, Seller shall inform provide to Buyer daily of inventory and a schedule for production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to during the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writingnext production week (Monday through Sunday). E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon completion of loading the DDGS and WDG into truck or rail cars equipment and delivering delivery to Buyer of the xxxx bill of lading for each such shipment.

DELIVERY AND TITLE. A. The place of delivery for all the Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by truck or rail. All labor and equipment necessary to load trucks or rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all the Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the truck and rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller further warrants that storage space for not less than five days production of DDGS shall be reserved for Buyer’s use at the Plant and shall be continuously available for storage of DDGS purchased by Buyer hereunder at no charge to Buyer. Seller shall also make available the necessary storage for WDG and Solubles which is adequate for Buyer to market such products. Seller shall be responsible at all times for the quantity, quality and condition of any the Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of the Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by truck and rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply trucks and rail cars as scheduled for truck and rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS Products unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcarmonth. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Sxxxx Xxxxxxx, Facsimile number 000600-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxxsxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx XxxxxxGeneral Manager, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS Products into trucks or rail cars and delivering to Buyer of the xxxx bxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place of delivery for all the Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by truck or rail. All labor and equipment necessary to load trucks or rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all the Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the truck and rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller further warrants that storage space for not less than not less than five days production of DDGS shall be reserved for Buyer’s use at the Plant and shall be continuously available for storage of DDGS purchased by Buyer hereunder at no charge to Buyer. Seller shall also make available the necessary storage for WDG and Solubles which is adequate for Buyer to market such products. Seller shall be responsible at all times for the quantity, quality and condition of any the Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of the Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by truck and rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply trucks and rail cars as scheduled for truck and rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS Products unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcarmonth. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Sxxxx Xxxxxxx, Facsimile number 000600-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxxsxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx XxxxxxAxxxxx Xxxxxxxx, Facsimile number 000-000-400 000 0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Axxxxx Xxxxxxxx Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS Products into trucks or rail cars and delivering to Buyer of the xxxx bxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place of Seller shall follow the delivery for all Products sold pursuant to schedule shown in this Agreement and shall be FOB Plantnot make deliveries later or substantially earlier than the dates shown. Buyer and Buyer’s agents shall be given access to If items are shipped substantially in advance of schedule delivery dates, Xxxxx may return them at Seller’s Plant in expense. If Seller does not adhere to the delivery schedule, Buyer may either agree to a manner and at all times reasonably necessary and convenient revised delivery schedule or terminate this Agreement for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by rail. All labor and equipment necessary to load rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products in a good and workmanlike manner default in accordance with Buyer’s reasonable requirements and in accordance with normal industry practiceArticle 21. Seller shall maintain the rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller shall be responsible at all times for the quantity, quality and condition notify Buyer promptly of any Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition delays or of any actual or potential labor dispute, which is delaying or threatens to delay the timely performance of Products stored by Buyer at locations other than the Plant. C. Buyer this Agreement. Such notice shall give include all relevant information with respect to Seller a schedule of quantities such dispute. Time is of the Products essence in the performance of this Agreement. Subject to be removed by rail with sufficient advance notice reasonably to allow Article 30, Buyer may charge Seller to provide the required services. Seller shall provide the labor, equipment and facilities for Buyer’s premium transportation costs if necessary to meet Buyer’s loading contract delivery schedule(s) if Seller cannot meet the agreed upon delivery schedule andas set forth in this Agreement. Unless otherwise stated in this Agreement, except for any consequential or indirect damages, all Products delivered under this Agreement shall be responsible shipped FOB Destination, and Seller shall prepay all transportations charges. Seller assumes all risk of loss until delivery to locations specified herein. Title of the Products shall pass to Buyer upon acceptance by Buyer of such Products at the delivery locations specified herein, subject to acceptance per Article 7 below. Buyer may return, or store at Seller’s expense, any Products delivered more than ten (10) days in advance of the delivery date specified for such Products unless early delivery is authorized in writing by the Buyer. Buyer shall have no obligation to accept over-shipments. In the event of an over-shipment, Buyer may, at its option: (i) retain Products shipped in excess of the quantities stated in this Agreement, at the price set forth in this Agreement, (ii) return such items to Seller at Seller’s actual costs expense, or (iii) place into storage the excess quantities of Products at Seller’s risk and expense. Xxxxxx agrees to immediately notify Buyer of any delays in meeting the required delivery schedule and the reasons therefore. In addition to any other remedy Buyer may have under this Agreement, Buyer shall be entitled to deduct an amount equal to five percent (5%) of the invoice amount for each delivery made after the scheduled delivery date. Said deduction is agreed by Xxxxx and Seller to be liquidated damages resulting from Seller’s failure to do so. Buyer shall order late delivery and supply rail cars as scheduled for rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal construed as a penalty. Acceptance of late deliveries or waiver of the DDGS unless Seller shall have provided to above stated liquidated damages does not constitute a waiver of any rights by the Buyer production schedules as follows: Five (5) days prior to the beginning or of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcar. Seller shall inform Buyer daily of inventory any other terms and production status. For purposes conditions of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writingAgreement. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place of delivery for all the Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s 's agents shall be given access to Seller’s 's Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule coordinate the loading and shipping of all outbound Products purchased hereunder which is shipped by railtruck or rail with Seller. All labor and equipment necessary to load trucks or rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all the Products in a good and workmanlike manner in accordance with Buyer’s 's reasonable requirements and in accordance with normal industry practice. Seller shall maintain the truck and rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller further warrants that storage space for not less than seven days production of DDGS shall be reserved for Buyer's use at the Plant and shall be continuously available for storage of DDGS purchased by Buyer hereunder at no charge to Buyer. Seller shall be responsible at all times for the quantity, quality and condition of any the Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of the Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by truck and rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s 's loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s 's actual costs or damages resulting from Seller’s 's failure to do so. Buyer shall order and supply trucks and rail cars as scheduled for truck and rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s 's usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS Products unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcarmonth. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email e-mail to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000_________________________________ or e-000-0000 or email mail to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, ______________________. Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS Products into trucks or rail cars and delivering to Buyer of a the xxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place a) Unless otherwise agreed to in writing, all products are shipped Incoterms 2010 - FCA Shipping Point. Subject to seller's right of stoppage in transit, delivery of the products to the carrier will constitute delivery to buyer and title and risk of loss will pass to buyer. b) Seller will make reasonable efforts to initiate shipment and schedule delivery as close as possible to buyer's requested delivery date(s). Xxxxx acknowledges that delivery dates provided by seller are estimates only and that seller will not be liable for all Products sold pursuant failure to this Agreement deliver on such dates. c) Selection of the carrier and delivery route will be made by seller unless specifically designated by buyer. d) Seller reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle buyer to cancel any other installment(s). Delivery of any installment of products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve buyer of the obligation to accept delivery and pay for the products delivered. e) Deliveries shall be FOB Plantmade during normal business hours Monday through Friday. Buyer and Buyer’s agents shall One attempt to deliver will be given access made. Should delivery need to Seller’s Plant in a manner and at all times reasonably necessary and convenient be rescheduled, any additional costs incurred for Buyer redelivery and/or storage fees will be charged to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by rail. All labor and equipment necessary to load rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practicebuyer. Seller shall maintain the rail loading facilities in safe operating condition in accordance with normal industry standardsuse reasonable efforts to make timely delivery but shall be excused from any delays arising out of causes beyond its reasonable control. Any specific delivery dates that may be stated are approximate. B. Seller shall be responsible f) If completion of delivery is prevented through no fault of seller, seller may specify a reasonable alternative place of delivery. Xxxxx agrees that all costs of storage and transport incurred following an initial attempt at all times for the quantitydelivery are hereby allocated to and imposed upon buyer, quality and condition of any Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply rail cars as scheduled for rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly added by seller to Buyerthe sale price. Delivery may at any time be withheld by seller pending payment of any sum due from the buyer to seller. Seller will return Product via the incoming method unless an alternative method has been indicated on the purchase order or a change authorized by the buyer representative. D. Buyer shall provide loading orders g) Deliveries made outside the 48 contiguous States may be subject to modified terms and conditions as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of stated within the DDGS unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcar. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writingorder quote. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place of delivery for all the Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule coordinate the loading and shipping of all outbound Products purchased hereunder which is shipped by railtruck or rail with Seller. All labor and equipment necessary to load trucks or rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all the Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the truck and rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller further warrants that storage space for not less than seven days production of DDGS shall be reserved for Buyer’s use at the Plant and shall be continuously available for storage of DDGS purchased by Buyer hereunder at no charge to Buyer. Seller shall be responsible at all times for the quantity, quality and condition of any the Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of the Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by truck and rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply trucks and rail cars as scheduled for truck and rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS Products unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcarmonth. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email e-mail to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000Xxxx Xxxxxxxxx or e-000-0000 or email mail to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, xxxxxxxxxx@xxxx.xxx. Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS Products into trucks or rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place of delivery for all Products the DDGS sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products DDGS purchased hereunder which is shipped by truck or rail. All labor and equipment necessary to load trucks or rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all the Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the truck and rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller further warrants that storage space for not less than not less than seven days production of DDGS shall be reserved for Buyer’s use at the Plant and shall be continuously available for storage of DDGS purchased by Buyer hereunder at no charge to Buyer. Seller shall be responsible at all times for the quantity, quality and condition of any the Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of the Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by truck and rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply trucks and rail cars as scheduled for truck and rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS Products unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcarmonth. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx XxxxxxX. Xxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or xxxxxx@xxxxxxxxxxxxx.xxx or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. . Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS Products into trucks or rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place of delivery for all the Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by truck or rail. All labor and equipment necessary to load trucks or rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all the Products in a good and workmanlike manner in accordance with Buyer’s Buyer‘s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the truck and rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller further warrants that storage space for not less than not less than five days production of DDGS shall be reserved for Buyer’s use at the Plant and shall be continuously available for storage of DDGS purchased by Buyer hereunder at no charge to Buyer. Seller shall also make available the necessary storage for WDG and Solubles which is adequate for Buyer to market such products. Seller shall be responsible at all times for the quantity, quality and condition of any the Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of the Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by truck and rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply trucks and rail cars as scheduled for truck and rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS Products unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcarmonth. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Sxxxx Xxxxxxx, Facsimile number 000600-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxxsxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS Products into trucks or rail cars and delivering to Buyer of the xxxx bxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place of delivery for all Products the DDGS sold pursuant to this Agreement shall be FOB the Plant. Buyer and Buyer’s agents shall be given access to only those areas of Seller’s Plant in a manner and at all times as are reasonably necessary and convenient for Buyer to take the taking of delivery as provided hereinof the DDGs. Buyer shall schedule coordinate the delivery of rail cars to the Plant, and the loading and shipping of all outbound Products DDGS purchased hereunder which is are shipped by railrail by the Seller. All labor and equipment necessary to load rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products the DDGS in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller shall be responsible at all times for the quantity, quality and condition of any Products the DDGS in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products DDGS to be removed by rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply rail cars as scheduled for rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit timely remove the quantities of DDGS that the parties have agreed are to be shipped by rail and that Seller has sold to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of in the DDGS unless time frames set forth in the applicable purchase order. Seller shall have provided provide to Buyer an estimated production schedules as follows: Five five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative an estimated schedule for production in the next calendar month which that is to shipped by rail. Seller acknowledges that Buyer will be attempting to resell quantities of DDGS purchased from Seller based upon the production schedule of quantities of DDGS to be shipped by railcar. rail and Seller shall inform will use its commercially reasonable efforts to not change the quantities available to Buyer daily of inventory and as stated in such production statusschedule without Buyer’s written consent. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000or e-000-0000 or email mail to xxxxxxxx@xxx-xxxxx.xxxxxxxx.xxxxxxx@xxxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, . Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering Buyer’s receipt of written notice (the “Railcar Loading Notice”) from Seller that such DDGS have been loaded and are available for billing; provided that the Railcar Loading Notice for such DDGS is delivered to Buyer before 3:00 p.m. Central Standard Time on the day that such DDGS is loaded If the Railcar Loading Notice for any DDGS is delivered to Buyer on or after 3:00 Central Standard Time on the day that such DDGS is loaded, title, risk of loss and full shipping responsibility shall pass to Buyer as of the xxxx commencement of lading for each such shipmentthe next business day.

DELIVERY AND TITLE. A. The place a) Unless otherwise agreed to in writing, all products are shipped INCOTERMS 2020 – Ex Works Dubai. Subject to Seller's right of stoppage in transit, delivery for all Products sold pursuant of the products to this Agreement shall be FOB Plant. the carrier will constitute delivery to Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner title and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping risk of all outbound Products purchased hereunder which is shipped by rail. All labor and equipment necessary to load rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller shall be responsible at all times for the quantity, quality and condition of any Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply rail cars as scheduled for rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly loss will pass to Buyer. D. b) Seller will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Xxxxx's requested delivery date(s). Buyer shall provide loading orders as necessary to permit acknowledges that delivery dates provided by Seller to maintain Seller’s usual production schedule, provided, however, are estimates only and that Buyer shall Seller will not be responsible liable for failure to schedule removal deliver on such dates. c) Selection of the DDGS carrier and delivery route will be made by Seller unless specifically designated by Buyer. d) Seller shall have provided reserves the right to make deliveries in instalments. Delay in delivery of one instalment will not entitle Buyer production schedules as follows: Five to cancel any other instalment(s). Delivery of any instalment of products within thirty (530) days prior after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve Buyer of the obligation to accept delivery and pay for the products delivered. e) In case of delivery service is agreed with Buyer: Deliveries shall be made during normal business hours Sunday through Thursday. One attempt to deliver will be made. Should delivery need to be rescheduled, any additional costs incurred for redelivery and/or storage fees will be charged to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcarBuyer. Seller shall inform Buyer daily use reasonable efforts to make timely delivery but shall be excused from any delays arising out of inventory causes beyond its reasonable control. Any specific delivery dates that may be stated are approximate. f) If completion of delivery is prevented through no fault of Seller, Seller may specify a reasonable alternative place of delivery. Xxxxx agrees that all costs of storage and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If transport incurred following an initial attempt at delivery are hereby allocated to and imposed upon Buyer, and shall be added by Seller to the attention sale price. Delivery may at any time be withheld by Seller pending payment of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If any sum due from the Buyer to Seller, to . Seller will return Product via the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 incoming Tax ID: TRN 100360973000003 method unless an alternative method has been indicated on the purchase order or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of a change authorized by the Buyer and Seller as they may designate to the other in writingrepresentative. E. Title, risk g) Deliveries made to outside of loss GCC may be subject to modified terms and full shipping responsibility shall pass to Buyer upon loading conditions as stated within the DDGS into rail cars and delivering to Buyer of the xxxx of lading for each such shipmentorder quote.

DELIVERY AND TITLE. A. The place of delivery for all Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s 's agents shall be given access to Seller’s the Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading loading, and shipping of all outbound Products purchased hereunder which is shipped by truck or rail. All , but all labor and equipment necessary to load trucks or rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all the Products in a good and workmanlike manner in accordance with Buyer’s 's reasonable requirements and in accordance with normal industry practice. Seller shall maintain the truck/rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller further warrants that storage space for not less than 10 days production of Products (herein, the "Storage Capacity"), based on normal operating capacity, shall be reserved for Buyer's use at the Plant and shall be continuously available for storage of Products purchased by Buyer hereunder at no charge to Buyer. Buyer warrants and agrees to remove Products before the Storage Capacity limits are exceeded, and Buyer shall be responsible for Seller's actual costs and damages resulting from Buyer's failure to do so. Seller shall be responsible at all times for the quantity, quality and condition of the quantity for any Products in storage stored up to the Storage Capacity at the Plant. Seller Buyer shall not be responsible for the quantity, quality and condition of any Products once title to the Products passes to Buyer or for any Products not stored at the Plant or, unless Seller agrees otherwise in writing, for any Products in excess of Products stored by Buyer the Storage Capacity at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by truck and rail respectively with sufficient advance notice reasonably to allow Seller to provide the required transportation services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s 's loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s 's actual costs or damages resulting from Seller’s 's failure to do so. Buyer shall order and supply rail cars trucks as scheduled for rail truck shipments. All freight charges shall be the responsibility of Buyer and at Seller's option, shall either be paid by Seller and promptly reimbursed by Buyer, or shall be billed to and paid directly by Buyer. Demurrage charges will be for the account of the Buyer if Buyer fails to Buyerprovide railcars in accordance with all production schedules provided by Seller. Demurrage charges will be for the account of the Seller if Seller fails to load railcars in accordance with said schedules. D. Subject to Section 1, Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s 's usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS Products unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is month. On Wednesday of each week during any term hereof, Seller shall provide to be shipped by railcarBuyer a schedule for actual production during the next production week (Monday through Sunday). Seller shall inform Buyer daily daily, of inventory and production status. For purposes of this paragraph, notification will be sufficient if made status by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writing8:30 am. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

DELIVERY AND TITLE. A. The place of delivery for all the Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Seller and for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is are shipped by truck or rail. All labor and equipment necessary to load trucks or rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all the Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the truck and rail loading facilities in safe operating condition and in accordance with normal industry standards. B. Seller further warrants that storage space for not less than five (5) days production of DDGS shall be reserved for Buyer’s use at the Plant and shall be available for storage of DDGS purchased by Buyer hereunder at no charge to Buyer. Seller shall also make available the necessary storage for WDG and Solubles which is adequate for Buyer to market such products. Seller shall be responsible at all times for the quantity, quality and condition of any of the Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of the Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by truck and rail with sufficient advance notice to reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Except as otherwise set forth herein, Buyer shall order and supply trucks and rail cars as scheduled for truck and rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, ; provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS Products unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcarmonth. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxxXxxxx.Xxxxxxx@XXXXxx.xxx, and If to Seller, to the attention of Xxxxx XxxxxxHomeland Energy Solutions, LLC, Attn: General Manager, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, . Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS Products into trucks or rail cars and delivering to Buyer of the xxxx of lading for each such shipmentcars.

DELIVERY AND TITLE. A. The place of delivery for all the Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by truck or rail. All labor and equipment necessary to load trucks or rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all the Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the truck and rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller further warrants that storage space for not less than five days production of DDGS shall be reserved for Buyer’s use at the Plant and shall be continuously available for storage of DDGS purchased by Buyer hereunder at no charge to Buyer. Seller shall be responsible at all times for the quantity, quality and condition of any the Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of the Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by truck and rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply trucks and rail cars as scheduled for truck and rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS Products unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcarmonth. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxxthe Plant Manager, Facsimile number 000-000-0000 with a copy to the attention of Xxx Xxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, xxxxxx@xxxxxxxxxxxxxxxxx.xxx. Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS Products into trucks or rail cars and delivering to Buyer of the xxxx of lading for each such shipment. F. As of the date of this Agreement, Seller has committed to lease 230 railcars (“Railcar Fleet”), which cars are intended to move Products. Buyer agrees that it shall manage the Railcar Fleet, prepare bills of lading with proper routings and shall use commercially reasonable efforts to move the Railcar Fleet for its intended purpose of moving Products as quickly as possible.

DELIVERY AND TITLE. A. The place of delivery for all the Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Seller and for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is are shipped by truck or rail. All labor and equipment necessary to load trucks or rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all the Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the truck and rail loading facilities in safe operating condition and in accordance with normal industry standards. B. Seller further warrants that storage space for not less than five (5) days production of DDGS shall be reserved for Buyer’s use at the Plant and shall be continuously available for storage of DDGS purchased by Buyer hereunder at no charge to Buyer. Seller shall also make available the necessary storage for Solubles which is adequate for Buyer to market such products. Seller shall be responsible at all times for the quantity, quality and condition of any of the Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of the Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by truck and rail with sufficient advance notice to reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Except as otherwise set forth herein, Buyer shall order and supply trucks and rail cars as scheduled for truck and rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, ; provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS Products unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcarmonth. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxxxxxxx.xxxxxxx@xxxxxx.xxx and, and If to Seller, to the attention of Xxxxx XxxxxxXxxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, xxxxxxxx@xxxxxxx.xxx Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS Products into trucks or rail cars and delivering to Buyer of the xxxx of lading for each such shipmentcars.

DELIVERY AND TITLE. A. The place of delivery for all Products DDGS sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products DDGS purchased hereunder which is shipped by truck or rail. All labor and equipment necessary to load trucks or rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products the DDGS in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the truck and rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller further warrants that storage space for not less than five days production of DDGS shall be reserved for Buyer’s use at the Plant and shall be continuously available for storage of DDGS purchased by Buyer hereunder at no charge to Buyer. Seller shall be responsible at all times for the quantity, quality and condition of any Products the DDGS in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of Products the DDGS stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products DDGS to be removed by truck and rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply trucks and rail cars as scheduled for truck and rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcarmonth. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Sxxxx Xxxxxxx, Facsimile number 000600-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxxsxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx XxxxxxSiouxland Ethanol, Facsimile number 000400-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, sxxxxxxxxxxxxxx@xxxx.xxx Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into trucks or rail cars and delivering to Buyer of the xxxx bxxx of lading for each such shipment.