Marketing Pool Program Ethanol Sample Clauses

Marketing Pool Program Ethanol. Cargill currently markets ethanol for third parties pursuant to an arrangement whereby ethanol produced by Cargill and third parties are placed into a common marketing pool and all parties participating in the pool receive the same Net Price for ethanol (the “Marketing Pool Program”). Producer may at any time and from time to time elect to participate and have Cargill purchase and sell Ethanol from Producer in the Marketing Pool Program in any Contract Year (i.e., a twelve month period beginning on the Projected First Delivery Date and each anniversary of such date) by giving written notice to that effect to Cargill at least six (6) months prior to the Projected First Delivery Date for the Ethanol Facility or the beginning of the Contract Year, as the case may be. If Producer is participating in the Marketing Pool Program, Producer may, at the beginning of any Contract Year discontinue participation in the Marketing Pool Program by giving written notice to Cargill to that effect at least six (6) months prior to the beginning of the Contract Year; provided, however, to the extent that Cargill has made contractual commitments for the sale of Ethanol based upon Producer’s participation in the Marketing Pool Program, Producer shall continue to participate in the Marketing Pool Program for the quantity of Ethanol and duration of time necessary to fulfill such contractual commitments made by Cargill to third parties. In connection with the Marketing Pool Program, Cargill agrees to market Producer’s Ethanol along with other ethanol marketed in the pool using commercially reasonable efforts and the same standards it uses to market its own Ethanol production and the Ethanol production of third parties for whom Cargill provides Ethanol marketing services to (a) maximize the Ethanol price and minimize freight and other costs relevant to Ethanol sales and (b) achieve the best available return to Producer, subject to relevant market conditions. Cargill will communicate with Producer on marketing decisions and strategies in accordance with Section 1(b).

Marketing Pool Program Ethanol. Cargill currently markets ethanol for third parties pursuant to an arrangement whereby ethanol produced by Cargill and such third parties are placed into a common marketing pool and all parties participating in the pool receive the same Net Price for ethanol (the “Marketing Pool Program”). Producer’s Ethanol shall be placed in the Marketing Pool Program unless Producer provides Cargill with notice that it has elected to not participate in the Marketing Pool Program, as further described in Section 9.2. Cargill shall use reasonable commercial efforts to keep Producer apprised of third party entrances in, and withdrawals from, the Marketing Pool Program.