Common use of Determination of Price Clause in Contracts

Determination of Price. (a) For all sales of Ethanol by Buyer, where Buyer has agreed to sell Ethanol to third party customers, Buyer agrees to pay to Seller for each Gallon of Ethanol Delivered determined in accordance with Section 5.2 (the “Purchase Price”). The Purchase Price shall be equal to the actual sale price invoiced by Buyer for such Ethanol re-sold by Buyer to such third party customers for the most recent week (the “Sale Price”) less: (i) all Resale Costs, (ii) Taxes (as defined in Section 7.2) paid by Buyer and (iii) the Commission calculated as 0.90% of the “net” purchase price which is defined as the purchase price after deduction of the amounts set forth in clauses (i) and (ii) of this Section 7.1(a). (b) Buyer covenants to use its best efforts to obtain for Seller the best Purchase Price then available for Ethanol sales taking into consideration the deduction of all Resale Costs incurred by Buyer for such Ethanol. It will be the responsibility of Buyer to perform all billing in regard to the sale of Ethanol to third parties, to collect all receivables, to undertake legal collection procedures as necessary, and to bear the risk and be responsible for any bad accounts. Buyer shall in no circumstances be obligated to sell Ethanol to any buyer whose creditworthiness is unacceptable to Buyer, provided that if Buyer determines that there are no buyers willing to purchase Ethanol of creditworthiness acceptable to Buyer, then Buyer shall purchase such Ethanol for its own account in accordance with this Agreement. Seller agrees that its remedies for Buyer’s breach of its obligation in this paragraph (b) shall include without limitation, the right to specific performance and the right to terminate this Agreement.

Determination of Price. (a) For all sales of Ethanol by Buyer, where Buyer has agreed to sell Ethanol to third party customers, Buyer agrees to pay to Seller for each Gallon of Ethanol Delivered delivered to Buyer, determined in accordance with Section 5.2 (the “Purchase Price”). The 5.2, a Purchase Price shall be equal to the actual sale price invoiced by Buyer for such Ethanol re-sold by Buyer to such third party customers for the most recent week (the “Sale Price”) less: (i) all Resale Costs, ; (ii) Taxes (as defined in Section 7.2) paid by Buyer Buyer; and (iii) [***]. [***] Material has been ommitted pursuant to a request for confidential treatment and such material has been filed separately with the Commission calculated as 0.90% of the “net” purchase price which is defined as the purchase price after deduction of the amounts set forth in clauses (i) Securities and (ii) of this Section 7.1(a)Exchange Commission. (b) Buyer covenants to use its best efforts to obtain for Seller the best highest Purchase Price then available for Ethanol sales taking into consideration the deduction reduction of all Resale Costs incurred by Buyer for such Ethanol. It will be the responsibility of Buyer to perform all billing in regard to the sale of Ethanol to third parties, to collect all receivables, to undertake legal collection procedures as necessary, and to bear the risk and be responsible for any bad accounts. Buyer shall in no circumstances be obligated to sell Ethanol to any buyer whose creditworthiness is unacceptable to Buyer, provided that if Buyer determines that there are no buyers willing to purchase Ethanol of creditworthiness acceptable to Buyer, then Buyer shall purchase such Ethanol for its own account in accordance with this Agreementaccount. Seller agrees that its remedies for Buyer’s 's breach of its obligation in this paragraph (b) shall include without limitation, the right to specific performance and the right right, following a decision of arbitrator(s) that such breach has occurred, to terminate this Agreement.

Determination of Price. (a) For all sales of Fuel Ethanol by Buyer, where Buyer has agreed to sell Fuel Ethanol to third party customers, Buyer agrees to pay the Net Purchase Price (as defined below) to Seller for each Gallon of Fuel Ethanol Delivered determined delivered to Buyer. For the avoidance of doubt, Buyer shall bear any risk of non-payment by any third-party customer, and Buyer shall comply with any obligations under this Section 7.1 (a), notwithstanding any such non-payment. Determined in accordance with Section 5.2 (for Fuel Ethanol, the “Purchase Price”). The Purchase Price final purchase price shall be equal to the actual sale price invoiced by Buyer for such Fuel Ethanol re-sold by Buyer to such third party customers for the most recent week (the “Sale Price”) Netback Statement period, less: (i) all Resale Costs, (ii) Taxes (as defined in Section 7.2) paid by Buyer including shipping costs and (iii) the Commission calculated as 0.90% of the “net” purchase price which is defined as the purchase price after deduction of the amounts set forth in clauses (i) terminal charges, and (ii) of this Section 7.1(athe Commission to Buyer calculated as [***] (the “Net Purchase Price”). (b) . Buyer covenants to use its best efforts to obtain for Seller the best Net Purchase Price then available for Fuel Ethanol sales taking into consideration the deduction of all Resale Costs incurred by Buyer for such Fuel Ethanol. It will be the responsibility of Buyer to perform all billing in regard to the sale of Fuel Ethanol to third parties, to collect all receivables, to undertake legal collection procedures as necessary, and to bear the risk and be responsible for any bad accounts. Buyer shall in no circumstances be obligated to sell Fuel Ethanol to any buyer whose creditworthiness is unacceptable to Buyer, provided that if Buyer determines that there are no buyers willing to purchase Fuel Ethanol of creditworthiness acceptable to Buyer, then Buyer shall purchase such Fuel Ethanol for its own account in accordance with this Agreementaccount. Seller agrees that its remedies for Buyer’s 's breach of its obligation in this paragraph (b) shall include without limitation, the right to specific performance and the right to terminate this Agreement.. [***]

Determination of Price. (a) a. For all sales of Ethanol by BuyerXxxxx, where Buyer Xxxxx has agreed to sell Ethanol to third party customers, Buyer Xxxxx agrees to pay to Seller for each Gallon of Ethanol Delivered determined in accordance with Section 5.2 (the “"Purchase Price”"). The Purchase Price shall be equal to the actual sale price invoiced by Buyer for such Ethanol re-sold by Buyer to such third party customers for the most recent week (the “Sale Price”) less: (i) all Resale Costs, (ii) Taxes (as defined in Section 7.2) paid by Buyer and (iii) the Commission calculated as 0.90% of the “net” purchase price which is defined as the purchase price after deduction of the amounts set forth in clauses (i) and (ii) of this Section 7.1(a)[***]. (b) b. Buyer covenants to use its best efforts to obtain for Seller the best Purchase Price then available for Ethanol sales taking into consideration the deduction of all Resale Costs incurred by Buyer for such Ethanol[***]. It will be the responsibility of Buyer to perform all billing in regard to the sale of Ethanol to third parties, to collect all receivables, to undertake legal collection procedures as necessary, and to bear the risk and be responsible for any bad accounts. Buyer shall in no circumstances be obligated to sell Ethanol to any buyer whose creditworthiness is unacceptable to Buyer, provided that if Buyer determines that there are no buyers willing to purchase Ethanol of creditworthiness acceptable to Buyer, then Buyer shall purchase such Ethanol for its own account in accordance with this Agreement. Seller agrees that its remedies for Buyer’s Xxxxx's breach of its obligation in this paragraph (b) shall include without limitation, the right to specific performance and the right to terminate this Agreement. c. For all sales of Export Ethanol by Buyer or for sales of Ethanol for Xxxxx's own account, Xxxxx agrees to pay to Seller a purchase price, as follows: for each Gallon of Export Ethanol Delivered or for each Gallon of Ethanol Delivered to be sold to Buyer for its own account, which quantity shall be determined in accordance with Section 5.2 (the "Special Purchase Price"). "Export Ethanol" shall mean each gallon of Ethanol to be sold by Buyer outside the United States. The Special Purchase Price shall be equal to [***]. "Market Bid" shall mean the bid that is accepted by Seller in a written purchase agreement. If Seller ships Ethanol to [***]. Because the Special Purchase Price may not be finalized at the time of Payment, a Provisional Price may be used. "Provisional Price" shall mean the estimated price which will be used which shall be agreed upon by Xxxxx and Seller. The Special Purchase Price will be finalized and the Provisional Price trued up by the end of the month following the sale.