Common use of Non-Processable Residuals Clause in Contracts

Non-Processable Residuals. The Parties acknowledge that a portion of the Feedstock delivered by Supplier under this Agreement that is introduced into Fulcrum’s Facility will not be fully gasified by the Facility or otherwise will not result in ethanol or other bioproducts, and will result in vitreous or other non-Hazardous Material residual byproducts (collectively, “Non-Processable Residuals”). Supplier shall collect all such Non-Processable Residuals (and Rejected Materials) derived from Supplier’s delivery of the Feedstock and generated by the Facility and transport them to, and dispose of them at, Supplier’s [***] or other appropriate and lawful disposal site. Supplier shall have no obligation or [***] Indicates portions of this exhibit that have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. responsibility for Non-Processable Residuals or Rejected Materials derived from any Feedstock delivered by the Primary Supplier or any other third parties; however, Fulcrum may contract with Supplier for the transportation and disposal of such materials at the [***] or other appropriate and lawful disposal site based upon terms mutually agreeable to the Parties. Fulcrum shall use commercially reasonable efforts to separate and track Non-Processable Residuals and Rejected Materials at the Facility derived from Supplier’s Feedstock. The provisions of Sections 2.4 and 2.7 relating to delivery procedures, title, possession, risk of loss and transportation shall generally apply to Supplier’s collection of the Non-Processable Residuals and Rejected Materials except: (a) Fulcrum shall have the right to designate a “Delivery Point” for the collection of the Non-Processable Residuals and Rejected Materials in the Instructions, (b) Fulcrum shall be responsible for any transportation of the Non-Processable Residuals to, and loading Supplier’s vehicles at, such delivery point, and (c) title, possession and risk of loss for the Non-Processable Residuals shall transfer from Fulcrum to Supplier when Supplier’s vehicles are loaded at such delivery point.

Non-Processable Residuals. The Parties acknowledge that a portion of the Feedstock delivered by Supplier under this Agreement that is introduced into Fulcrum’s Facility will not be fully gasified by the Facility or otherwise will not result in ethanol or other bioproducts, and will result in vitreous or other non-Hazardous Material residual byproducts (collectively, “Non-Processable Residuals”). Supplier shall collect all such Non-Processable Residuals (and Rejected Materials) derived from Supplier’s delivery of the Feedstock and generated by the Facility and transport them to, and dispose of them at, Supplier’s [***] or other appropriate and lawful disposal site. Supplier shall have no obligation or 9 Confidential [***] Indicates portions of this exhibit that have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. responsibility for Non-Processable Residuals or Rejected Materials derived from any Feedstock delivered by the Primary Supplier or any other third parties; however, Fulcrum may contract with Supplier for the transportation and disposal of such materials at the [***] or other appropriate and lawful disposal site based upon terms mutually agreeable to the Parties. Fulcrum shall use commercially reasonable efforts to separate and track Non-Processable Residuals and Rejected Materials at the Facility derived from Supplier’s Feedstock. The provisions of Sections 2.4 and 2.7 relating to delivery procedures, title, possession, risk of loss and transportation shall generally apply to Supplier’s collection of the Non-Processable Residuals and Rejected Materials except: (a) Fulcrum shall have the right to designate a “Delivery Point” for the collection of the Non-Processable Residuals and Rejected Materials in the Instructions, (b) Fulcrum shall be responsible for any transportation of the Non-Processable Residuals to, and loading Supplier’s vehicles at, such delivery point, and (c) title, possession and risk of loss for the Non-Processable Residuals shall transfer from Fulcrum to Supplier when Supplier’s vehicles are loaded at such delivery point.