Common use of Governmental Action Clause in Contracts

Governmental Action. The parties recognize that the value of the Products could change as a result of various governmental programs, be they foreign or domestic. In the event that a significant value change of the Products as a result of any such governmental program, Buyer may request re-negotiation of the contract price for the Products by providing written notice to Seller. Buyer shall be required to demonstrate that the value of the Products has significantly changed in the market. Should such a change take place, the parties agree to negotiate, in good faith, a revised sale price for the Products. If, after a good faith effort, the parties are unable to agree on a new price within the 90 day period immediately following notice to the other party, then in such event and notwithstanding the other provisions hereof, Buyer may terminate this Agreement upon 90 days prior written notice.

Appears in 13 contracts

Samples: Distiller’s Grain Marketing Agreement (Advanced BioEnergy, LLC), Distiller’s Grain Marketing Agreement (Lincolnway Energy, LLC), Distiller’s Grain Marketing Agreement (Highwater Ethanol LLC)

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Governmental Action. The parties recognize that the value of the Products could change as a result of various governmental programs, be they foreign or domestic. In the event that a significant value change of the Products as a result of any such governmental program, the Buyer may request re-negotiation of the contract price for the Products by providing written notice to the Seller. The Buyer shall be required to demonstrate that the value of the Products has significantly changed in the market. Should such a change take place, the parties agree to negotiate, in good faith, a revised sale price for the Products. If, after a good faith effort, the parties are unable to agree on a new price within the 90 ninety (90) day period immediately following notice to the other party, then in such event and notwithstanding the other provisions hereof, the Buyer may terminate this Agreement upon 90 days ninety (90) days’ prior written notice.

Appears in 2 contracts

Samples: Distiller’s Grain Marketing Agreement (Otter Tail Ag Enterprises, LLC), Distiller’s Grain Marketing Agreement (Red Trail Energy, LLC)

Governmental Action. The parties recognize that the value of the Products could change as a result of various governmental programs, be they foreign or domestic. In the event that a significant value change of the Products as a result of any such governmental program, Buyer may request re-negotiation of the contract price for the Products by providing written notice to Seller. Buyer shall be required to demonstrate that the value of the Products has significantly changed in the market. Should such a change take place, the parties agree to negotiate, in good faith, a revised sale price for the Products. If, after a good faith effort, the parties parries are unable to agree on a new price within the 90 day period immediately following fallowing notice to the other party, then in such event and notwithstanding the other provisions hereof, Buyer may terminate this Agreement upon 90 days prior written notice.

Appears in 1 contract

Samples: Distiller's Grain Marketing Agreement (Red Trail Energy, LLC)

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Governmental Action. The parties recognize that the value of the Products could change as a result of various governmental programs, be they foreign or domestic. In the event that a significant value change of the Products as a result of any such governmental program, Buyer may request re-negotiation of the contract price for the Products by providing written notice to Seller. Buyer shall be required to demonstrate that the value of the Products has significantly changed in the market. Should such a change take place, the parties agree to negotiate, in good faith, a revised sale price for the Products. If, after a good faith effort, the parties are unable to agree on a new price within the 90 day period immediately following notice to the other party, then in such event and notwithstanding the other provisions hereof, Buyer may terminate this Agreement upon 90 days prior written notice.

Appears in 1 contract

Samples: Sales Contract (Golden Grain Energy)

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