Common use of PRICE/COMMISSION Clause in Contracts

PRICE/COMMISSION. For non-Marketing Pool Program Ethanol, Cargill shall pay Producer for its Ethanol in accordance with the terms set forth in Exhibit A. Producer shall pay Cargill a commission for its Ethanol marketing as calculated in Exhibit X. Xxxxxxx shall deduct this commission as provided in Exhibit A. The Parties agree that after the Ethanol Facility has been in commercial operation for five years, the Parties shall make reasonable efforts to determine the prevailing commission being paid to marketers of ethanol produced by third parties in the United States and agree to negotiate in good faith to make a reasonable adjustment, if any, to the commission provided in Exhibit A. If a prevailing commission rate cannot reasonably be determined, no adjustment shall be made to the commission provided in Exhibit A.

PRICE/COMMISSION. For non-Marketing Pool Program Ethanol, Cargill shall pay Producer for its Ethanol in accordance with the terms set forth in Exhibit A. B. Producer shall pay Cargill a commission for its Ethanol marketing as calculated in Exhibit X. Xxxxxxx shall deduct this commission as provided in Exhibit A. B. The Parties agree that after the Ethanol Facility has been in commercial operation for five years, the Parties shall make reasonable efforts to determine the prevailing commission being paid to marketers of ethanol produced by third parties in the United States and agree to negotiate in good faith to make a reasonable adjustment, if any, to the commission provided in Exhibit A. B. If a prevailing commission rate cannot reasonably be determined, no adjustment shall be made to the commission provided in Exhibit A.B.