Non-Marketing Pool Program Ethanol Sample Clauses

Non-Marketing Pool Program Ethanol. Cargill agrees to market Producer’s Ethanol 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. Producer acknowledges that Cargill will use its commercially reasonable judgment in making decisions related to the quantity and price of Ethanol marketed under this Agreement, in light of varying freight and other costs, and the fact that Cargill may sell and market Ethanol on its own account and/or on the account of third parties into the same markets where Cargill sells Producer’s Ethanol. Cargill will communicate with Producer on marketing decisions and strategies in accordance with Section 1(b). Producer waives any claim of conflict of interest against Cargill or failure by Cargill to maximize the economic benefits of this Agreement for Producer in light of the inherent uncertainties associated with marketing ethanol in the relevant markets; provided, however, that Producer does not waive the right to terminate this agreement for any such conflict of interest that directly results in material quantifiable pecuniary loss to Producer. In the event that Producer desires to terminate this Agreement for a conflict of interest as described in the preceding sentence, then such notice of termination shall be controlled by Section 10.3 of this Agreement; provided however, if Cargill disputes the existence or impact of the conflict of interest, Producer and Cargill shall follow the dispute resolution procedures set forth in Section 7 of the Master Agreement in order to determine whether Producer may terminate this Agreement and the parties shall continue to perform their obligations under this Agreement in good faith during the pendency of such dispute resolution proceedings.
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Related to Non-Marketing Pool Program Ethanol

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