Common use of Other Plants Clause in Contracts

Other Plants. If for any reason the Parties do not enter into an EPC Agreement or Technology Agreement with respect to the Plant, then neither Client nor Owner shall, for a the shorter of (a) five (5) years from the date of this Agreement, or (b) such time as Client or Owner and DELTA-T enter into an EPC Agreement or Technology Agreement for an ethanol plant, enter into an agreement with any other party to use technology, engineering and procurement services other than DELTA-T’s for any ethanol plant project without first providing DELTA-T at least sixty (60) days to enter into an agreement for development and design of such plant on the same terms as set forth in this Agreement.

Other Plants. If for any reason the Parties do not enter into an EPC Agreement or Technology Agreement with respect to the Plant, then neither Client nor Owner shall, for a the shorter of (a) five (5) years from the date of this Agreement, or (b) such time as Client or Owner and DELTA-T enter into an EPC Agreement or Technology Agreement for an ethanol plant, enter into an agreement with any other party to use technology, engineering and procurement services other than DELTA-T’s 's for any ethanol plant project without first providing DELTA-T at least sixty (60) days to enter into an agreement for development and design of such plant on the same terms as set forth in this Agreement.

Other Plants. If for any reason the Parties do not enter into an EPC Agreement or Technology Agreement with respect respect: to the Plant, then neither Client nor Owner shall, for a the shorter of (a) five (5) years from the date of this Agreement, or (b) such time as Client or Owner and DELTA-T enter into an EPC Agreement or Technology Agreement for an ethanol plant, enter into an agreement with any other party to use technology, engineering and procurement services other than DELTA-T’s for any ethanol plant project without first providing DELTA-T at least sixty (60) days to enter into an agreement for development and design of such plant on the same terms as set forth in this Agreement.

Other Plants. If for any reason the Parties do not enter into at least an EPC Agreement or Technology EPT Agreement with respect to the Plant, then neither Client nor Owner shallshall enter into an agreement with any other party to use technology, engineering, and procurement services other than DELTA-T’s for this ethanol plant project, for a the shorter of of: (ai) five (5) years from the date of this Agreement, or ; or (bii) such time as (a) Client or Owner and DELTA-T enter into an EPC Agreement or Technology EPT Agreement for an this ethanol plant, enter into an agreement with any other party to use technology, engineering and procurement services other than DELTA-T’s for any ethanol plant project without first providing or (b) Client or Owner provides DELTA-T at least sixty (60) days to enter into an agreement for development development, design, and design of technology for such plant on the same terms as set forth in this Agreementanother party and Client or Owner are willing to contractually agree to.