Common use of Maximum Feedstock Usage and Overusage Clause in Contracts

Maximum Feedstock Usage and Overusage. In consideration of the Toll Fee and handling of co-products agreed upon, Blackhawk Biofuels agrees the Maximum Feedstock Usage(MFU) per Pound of Delivered Biodiesel shall be as defined in Exhibit B for each Feedstock Type. For feedstocks where a MFU value is clearly identified and not calculated, the actual overuse, if any, will be calculated as follows: Overusage based on identified MCU = A – ( B x MFU) Where A = Actual pounds of Feedstock delivered from aggregate BOL’s B = Biodiesel produced from Feedstock in gallons at standard conditions MCU = defined value for feedstock type For higher FFA feedstocks or blends of feedstocks that do not have an identified MFU and require the calculation, a daily flow proportioned representative composite sample shall be tested and the resulting %FFA will be used in the calculation. for MFU for the resulting production volume. For feedstocks where a MFU value is calculated and not clearly identified, the actual overuse, if any, will be calculated as follows: Overusage for High FFA and Blends based on MCU calculation = C – (B x MFU) Where C = Actual pounds of Feedstock delivered from aggregate BOL’s

Maximum Feedstock Usage and Overusage. In consideration of the Toll Fee and handling of co-products agreed upon, Blackhawk Biofuels agrees the Maximum Feedstock Usage(MFU) per Pound of Delivered Biodiesel shall be as defined in Exhibit B for each Feedstock Type. For feedstocks where a MFU value is clearly identified and not calculated, the actual overuse, if any, will be calculated as follows: Overusage based on identified MCU = A – — ( B x MFU) Where A = Actual pounds of Feedstock delivered from aggregate BOL’s B = Biodiesel produced from Feedstock in gallons at standard conditions MCU = defined value for feedstock type For higher FFA feedstocks or blends of feedstocks that do not have an identified MFU and require the calculation, a daily flow proportioned representative composite sample shall be tested and the resulting %FFA will be used in the calculation. for MFU for the resulting production volume. For feedstocks where a MFU value is calculated and not clearly identified, the actual overuse, if any, will be calculated as follows: Overusage for High FFA and Blends based on MCU calculation = C – — (B x MFU) Where C = Actual pounds of Feedstock delivered from aggregate BOL’s

Maximum Feedstock Usage and Overusage. In consideration of the Toll Fee and handling of co-products agreed upon, Blackhawk Biofuels agrees the Maximum Feedstock Usage(MFUUsage (MFU) per Pound of Delivered Biodiesel shall be as defined in Exhibit B for each Feedstock Type. For feedstocks where a MFU value is clearly identified and not calculated, the actual overuse, if any, will be calculated as follows: Overusage based on identified MCU = A – ( B x MFU) Where A = Actual pounds of Feedstock delivered from aggregate BOL’s B = Biodiesel produced from Feedstock in gallons at standard conditions MCU = defined value for feedstock type For higher FFA feedstocks or blends of feedstocks that do not have an identified MFU and require the calculation, a daily flow proportioned representative composite sample shall be tested and the resulting %FFA will be used in the calculation. for MFU for the resulting production volume. For feedstocks where a MFU value is calculated and not clearly identified, the actual overuse, if any, will be calculated as follows: Overusage for High FFA and Blends based on MCU calculation = C – (B x MFU) Where C = Actual pounds of Feedstock delivered from aggregate BOL’s

Maximum Feedstock Usage and Overusage. In consideration of the Toll Fee and handling of co-products agreed upon, Blackhawk Biofuels agrees the Maximum Feedstock Usage(MFU) per Pound of Delivered Biodiesel shall be as defined in Exhibit B for each Feedstock Type. For feedstocks where a MFU value is clearly identified and not calculated, the actual overuse, if any, will be calculated as follows: Overusage based on identified MCU = A – ( B x MFU) Where A = Actual pounds of Feedstock delivered from aggregate BOL’s B = Biodiesel produced from Feedstock in gallons at standard conditions MCU = defined value for feedstock type For higher FFA feedstocks or blends of feedstocks that do not have an identified MFU and require the calculation, a daily flow proportioned representative composite sample shall be tested and the resulting %FFA will be used in the calculation. for MFU for the resulting production volume. For feedstocks where a MFU value is calculated and not clearly identified, the actual overuse, if any, will be calculated as follows: Overusage for High FFA and Blends based on MCU calculation = C – — (B x MFU) Where C = Actual pounds of Feedstock delivered from aggregate BOL’s