Efforts to Accommodate Changes Clause Samples

Efforts to Accommodate Changes. In the event that ADM requests at the September JSC meeting that BH reduce the amount of BH Soybeans to be delivered to below the applicable Binding Forecast and the JSC approves such request to decrease, BH will use Commercially Reasonable Efforts to accommodate such requested reduction (but, for clarity, such requested reduction shall not affect the Binding Forecast), by Commercializing the applicable BH Varieties associated with such reduction. If as a result of such efforts BH is able to Commercialize the applicable BH Varieties and so notifies ADM, then the Binding Forecast will be deemed reduced to the extent BH is able to Commercialize the applicable BH Varieties. In the event that ADM requests at the September JSC meeting that BH increase the amount of BH Soybeans to be delivered to above the applicable Binding Forecast and the JSC approves such request to increase, BH will use Commercially Reasonable Efforts to accommodate such requested increase (but, for clarity, such requested increase shall not affect the Binding Forecast), and any BH Soybeans that meet the Specifications resulting from such requested increase shall be added to the Purchase Obligation under Section 2.8. For the avoidance of doubt, BH shall not be obligated for any volumes in excess of the Binding Forecast and ADM’s Purchase Obligation shall not be increased unless mutually agreed otherwise at the JSC and only to the extent of such mutually-agreed excess amounts. Notwithstanding anything to the contrary, any such mutually-agreed excess amounts shall not be considered for purposes of calculating [**].