Common use of Ethanol Specifications Clause in Contracts

Ethanol Specifications. Producer covenants that at all times during the term of this Agreement it shall produce Ethanol that meets the specifications (“Specifications”) set forth in Exhibit C, as amended by Cargill from time to time based upon market requirements and upon notice to Producer. Cargill shall have the right to test each shipment of Ethanol to ascertain that the Specifications are being met under the testing procedures set forth in Exhibit D. Prior to the shipment of Ethanol to Cargill, Producer shall fax or send by e-mail transmission a certificate of analysis to Cargill for each shipment of Ethanol to a designated Cargill employee.

Appears in 2 contracts

Samples: Ethanol Marketing Agreement, Ethanol Marketing Agreement (ASAlliances Biofuels, LLC)

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Ethanol Specifications. Producer covenants that at all times during the term of this Agreement it shall produce Ethanol that meets the specifications (“Specifications”) set forth in Exhibit C, as amended by Cargill from time to time based upon market requirements and upon reasonable notice to Producer. Cargill shall have the right (but not the obligation) to test each shipment of Ethanol to ascertain that the Specifications are being met under the testing procedures set forth in Exhibit D. Prior to the shipment of Ethanol to Cargill, Producer shall fax or send by e-mail transmission a certificate of analysis to Cargill for each shipment of Ethanol to a designated Cargill employee.

Appears in 2 contracts

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

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