Common use of Design Development and Services Clause in Contracts

Design Development and Services. 3.2.1 As of this date or within thirty (30) days from the date hereof, Design-Builder has or shall have provided to Owner the following documents, and any other documents reasonably agreed to by Design-Builder and Owner as applying to the conceptual design of the Project and required to apply for the construction air permit or completion of the site layout in cooperation with Owner's rail engineer (collectively, the "Preliminary Construction Documents"), which shall be consistent with the Project Scope and once reasonably approved by Owner, shall be part of this Agreement: a) major equipment lists, with sizes; b) process flow diagram; c) process design criteria and/or process description; and d) site layout. Owner shall have thirty (30) days from the date it receives the Preliminary Construction Documents to review and approve such documents. The Preliminary Construction Documents shall establish performance standards for the completed Project and identify components required to meet those performance standards. Design-Builder shall have the right to revise the layout of the equipment and substitute specific pieces of equipment, provided the completed Project shall conform to or exceed the performance standards established by the Preliminary Construction Documents. 3.2.2 Design-Builder may provide through qualified, licensed design professionals employed by Design-Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals required to permit construction of the Work in accordance with this Agreement and the Preliminary Construction Documents (such drawings, specifications and design submittals collectively and together with the Preliminary Construction Documents, the "Construction Documents"). To the extent not prohibited by Legal Requirements, Design-Builder may prepare Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. 3.2.3 Construction of the Work shall be consistent with the Construction Documents. 3.2.4 Design-Builder shall maintain a current, complete set of drawings and specifications at the Site. Owner may review such drawings and specifications, and Owner may be allowed, upon Design-Builder's approval, to make copies of drawings and specifications available at the Work site that are applicable to Owner.

Design Development and Services. 3.2.1 As of this date or within the Effective Date, but in no event later than thirty (30) days Days from the date hereofEffective Date, Design-Builder has or shall have provided to Owner the following documents, and any other documents reasonably agreed to by Design-Builder and Owner as applying to the conceptual design of the Project and required to apply for the construction air permit or completion of the site Site layout in cooperation with Owner's ’s rail engineer (collectively, the "“Preliminary Construction Documents"”), which shall be consistent with the Project Scope and once reasonably approved by Owner, shall be part of this Agreement: a) major equipment lists, with sizes; b) process flow diagram; c) process design criteria and/or process description; and d) site Site layout. Owner shall have thirty (30) days Days from the date it receives the Preliminary Construction Documents to review and approve such documents. The Preliminary Construction Documents shall establish performance standards for the completed Project and identify components required to meet those performance standards. Any changes to the Preliminary Construction Documents shall be subject to the prior review and approval by Owner, such approval not to be unreasonably withheld or delayed. 3.2.2 Where required by Law, Design-Builder shall have the right to revise the layout of the equipment and substitute specific pieces of equipment, provided the completed Project shall conform to or exceed the performance standards established by the Preliminary Construction Documents. 3.2.2 Design-Builder may provide through qualified, licensed design professionals employed by Design-Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals required to permit construction of the Work in accordance with this Agreement and the Preliminary Construction Documents (such drawings, specifications and design submittals collectively and together with the Preliminary Construction Documents, the "“Construction Documents"”). To the extent not prohibited by Legal Requirements, Design-Builder may prepare Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. 3.2.3 Construction of the Work Plant shall be consistent with the Construction Documents. 3.2.4 Design-Builder shall maintain a current, complete set of drawings and specifications at the Site. Owner may shall have the right to review such drawings and specifications, . Owner and Owner Independent Engineer may be allowed, upon not make copies of the available drawings and specifications without Design-Builder's approval’s written permission, and, granted such permission, may only do so to make copies of the extent such drawings and specifications directly pertain to the Plant; provided however that, pursuant to Section 5.1 of this Agreement, Design-Builder retains ownership of and property interests in any drawing or specifications made available at and/or copied. 3.2.5 Except as provided elsewhere in this Agreement, it is understood and agreed that review, comment and/or approval by Owner (or its designees) or Independent Engineer of any documents or submittals that Design-Builder is required to submit to Owner (or its designees) or Independent Engineer hereunder for their review, comment and/or approval (including without limitation the Work site that are applicable Preliminary Construction Documents pursuant to Section 3.2.1 hereof or other Construction Documents pursuant to Sections 3.2.2 and 3.2.4 hereof) shall not relieve or release Design-Builder from any of its duties, obligations or liabilities provided for under the terms of this Agreement or transfer any design liability from Design-Builder to Owner.

Design Development and Services. 3.2.1 As of this date or within the Effective Date, but in no event later than thirty (30) days Days from the date hereofEffective Date, Design-Builder has or shall have provided to Owner the following documents, and any other documents reasonably agreed to by Design-Builder and Owner as applying to the conceptual design of the Project and required to apply for the construction air permit or completion of the site Site layout in cooperation with Owner's ’s rail engineer (collectively, the "“Preliminary Construction Documents"”), which shall be consistent with the Project Scope and once reasonably approved by Owner, shall be part of this Agreement: a) major equipment lists, with sizes; b) process flow diagram; c) process design criteria and/or process description; and d) site Site layout. ADVANCED BIOENERGY, LLC March 16, 2006 Owner shall have thirty (30) days Days from the date it receives the Preliminary Construction Documents to review and approve such documents. The Preliminary Construction Documents shall establish performance standards for the completed Project and identify components required to meet those performance standards. Any changes to the Preliminary Construction Documents shall be subject to the prior review and approval by Owner, such approval not to be unreasonably withheld or delayed. 3.2.2 Where required by Law, Design-Builder shall have the right to revise the layout of the equipment and substitute specific pieces of equipment, provided the completed Project shall conform to or exceed the performance standards established by the Preliminary Construction Documents. 3.2.2 Design-Builder may provide through qualified, licensed design professionals employed by Design-Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals required to permit construction of the Work in accordance with this Agreement and the Preliminary Construction Documents (such drawings, specifications and design submittals collectively and together with the Preliminary Construction Documents, the "“Construction Documents"”). To the extent not prohibited by Legal Requirements, Design-Builder may prepare Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. 3.2.3 Construction of the Work Plant shall be consistent with the Construction Documents. 3.2.4 Design-Builder shall maintain a current, complete set of drawings and specifications at the Site. Owner may shall have the right to review such drawings and specifications, . Owner and Owner Independent Engineer may be allowed, upon not make copies of the available drawings and specifications without Design-Builder's approval’s written permission, and, granted such permission, may only do so to make copies of the extent such drawings and specifications directly pertain to the Plant; provided however that, pursuant to Section 5.1 of this Agreement, Design-Builder retains ownership of and property interests in any drawing or specifications made available at and/or copied. 3.2.5 Except as provided elsewhere in this Agreement, it is understood and agreed that review, comment and/or approval by Owner (or its designees) or Independent Engineer of any documents or submittals that Design-Builder is required to submit to Owner (or its designees) or Independent Engineer hereunder for their review, comment and/or approval (including without limitation the Work site that are applicable Preliminary Construction Documents pursuant to Section 3.2.1 hereof or other Construction Documents pursuant to Sections 3.2.2 and 3.2.4 hereof) shall not relieve or release Design-Builder from any of its duties, obligations or liabilities provided for under the terms of this Agreement or transfer any design liability from Design-Builder to Owner.

Design Development and Services. 3.2.1 As of this date or within the Effective Date, but in no event later than thirty (30) days Days from the date hereofEffective Date, Design-Builder has or shall have provided to Owner the following documents, and any other documents reasonably agreed to by Design-Builder and Owner as applying to the conceptual design of the Project and required to apply for the construction air permit or completion of the site Site layout in cooperation with Owner's ’s rail engineer (collectively, the "“Preliminary Construction Documents"”), which shall be consistent with the Project Scope and once reasonably approved by Owner, shall be part of this Agreement: (a) major equipment lists, with sizes; (b) process flow diagram; (c) process design criteria and/or process description; and (d) site Site layout. Owner shall have thirty (30) days from the date it receives the Preliminary Construction Documents to review and approve such documents. The Preliminary Construction Documents shall establish performance standards for the completed Project and identify components required to meet those performance standards. Any changes to the Preliminary Construction Siouxland Ethanol, LLC 7 January 5, 2006 Documents shall be subject to the prior review and approval by Owner, such approval not to be unreasonably withheld or delayed. 3.2.2 Where required by Law, Design-Builder shall have the right to revise the layout of the equipment and substitute specific pieces of equipment, provided the completed Project shall conform to or exceed the performance standards established by the Preliminary Construction Documents. 3.2.2 Design-Builder may provide through qualified, licensed design professionals employed by Design-Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals required to permit construction and completion of the Work in accordance with this Agreement and the Preliminary Construction Documents (such drawings, specifications and design submittals collectively and together with the Preliminary Construction Documents, the "“Construction Documents"”). To the extent not prohibited by Legal Requirements, Design-Builder may prepare Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. 3.2.3 Construction of the Work Plant shall be consistent with the Construction Documents. 3.2.4 Design-Builder shall maintain a current, complete set of drawings and specifications at the Site. Owner may shall the right to review such drawings and specifications, . Owner and Owner Independent Engineer may be allowed, upon not make copies of the available drawings and specifications without Design-Builder's approval’s written permission, and, granted such permission, may only do so to make copies of the extent such drawings and specifications directly pertain to the Plant; provided however that, pursuant to Section 5.1 of this Agreement, Design-Builder retains ownership of and property interests in any drawing or specifications made available at and/or copied. 3.2.5 Except as provided elsewhere in this Agreement, it is understood and agreed that review, comment and/or approval by Owner (or its designees) or Independent Engineer of any documents or submittals that Design-Builder is required to submit to Owner (or its designees) or Independent Engineer hereunder for their review, comment and/or approval (including without limitation the Work site that are applicable Preliminary Construction Documents pursuant to Section 3.2.1 hereof or other Construction Documents pursuant to Sections 3.2.2 and 3.2.4 hereof) shall not relieve or release Design-Builder from any of its duties, obligations or liabilities provided for under the terms of this Agreement or transfer any design liability from Design-Builder to Owner.

Design Development and Services. 3.2.1 3.2.1. As of this date or within the Effective Date, but in no event later than thirty (30) days Days from the date hereofEffective Date, Design-Builder has or shall have provided to Owner the following documents, and any other documents reasonably agreed to by Design-Builder and Owner as applying to the conceptual design of the Project and required to apply for the construction air permit or completion of the site Site layout in cooperation with Owner's ’s rail engineer (collectively, the "“Preliminary Construction Documents"”), which shall be consistent with the Project Scope and once reasonably approved by Owner, shall be part of this Agreement:: Val-E Ethanol, LLC Fxxxx, Inc. Final January 6, 2006 (a) major equipment lists, with sizes; (b) process flow diagram; (c) process design criteria and/or process description; and (d) site Site layout. Owner shall have thirty (30) days Days from the date it receives the Preliminary Construction Documents to review and approve such documents. The Preliminary Construction Documents shall establish performance standards for the completed Project and identify components required to meet those performance standards. Any changes to the Preliminary Construction Documents shall be subject to the prior review and approval by Owner, such approval not to be unreasonably withheld or delayed. 3.2.2. Where required by Law, Design-Builder shall have the right to revise the layout of the equipment and substitute specific pieces of equipment, provided the completed Project shall conform to or exceed the performance standards established by the Preliminary Construction Documents. 3.2.2 Design-Builder may provide through qualified, licensed design professionals employed by Design-Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals required to permit construction of the Work in accordance with this Agreement and the Preliminary Construction Documents (such drawings, specifications and design submittals collectively and together with the Preliminary Construction Documents, the "“Construction Documents"”). To the extent not prohibited by Legal Requirements, Design-Builder may prepare Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. 3.2.3 3.2.3. Construction of the Work Plant shall be consistent with the Construction Documents. 3.2.4 3.2.4. Design-Builder shall maintain a current, complete set of drawings and specifications at the Site. Owner may shall have the right to review such drawings and specifications, . Owner and Owner Independent Engineer may be allowed, upon not make copies of the available drawings and specifications without Design-Builder's approval’s written permission, and, granted such permission, may only do so to make copies of the extent such drawings and specifications directly pertain to the Plant; provided however that, pursuant to Section 5.1 of this Agreement, Design-Builder retains ownership of and property interests in any drawing or specifications made available at and/or copied. 3.2.5. Except as provided elsewhere in this Agreement, it is understood and agreed that review, comment and/or approval by Owner (or its designees) or Independent Engineer of any documents or submittals that Design-Builder is required to submit to Owner (or its designees) or Independent Engineer hereunder for their review, comment and/or approval (including without limitation the Work site that are applicable Preliminary Construction Documents pursuant to Section 3.2.1 hereof or other Construction Documents pursuant to Sections 3.2.2 and 3.2.4 hereof) shall not relieve or release Design-Builder from any of its duties, obligations or liabilities provided for under the terms of this Agreement or transfer any design liability from Design-Builder to Owner.. Val-E Ethanol, LLC Fxxxx, Inc. Final January 6, 2006