Common use of Exigent Circumstances Clause in Contracts

Exigent Circumstances. The Parties acknowledge that exigent circumstances may arise where Fulcrum may have immediate needs for Additional Feedstock Requirements (e.g., a temporary or permanent unexpected shortfall in Feedstock supplied under the Primary Supply Agreement). If, at any time during the Term of this Agreement, Fulcrum, in its sole judgment exercised in good faith, determines that any such exigent circumstances exist, Fulcrum shall provide an Additional Feedstock Request to Supplier in the same manner and on the same terms and conditions as in preceding Section 2.10(b), except that along with such Additional Feedstock Request Fulcrum also shall provide a written statement including (i) a written description of the exigent circumstances and (ii) the period of time (in Days or hours), determined by Fulcrum in its sole judgment exercised in good faith, during which Supplier shall have to evaluate and either accept or reject such Additional Feedstock Request. The procedures in Section 2.10(b) shall be applicable to such Additional Feedstock Request, except that the response time required by Supplier shall be as set forth in the notice described in the preceding sentence.

Appears in 4 contracts

Samples: Feedstock Supply Agreement, Feedstock Supply Agreement (Fulcrum Bioenergy Inc), Feedstock Supply Agreement (Fulcrum Bioenergy Inc)

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