Common use of Quality of Ethanol Clause in Contracts

Quality of Ethanol. a. Producer acknowledges that Gold intends to sell the Ethanol as motor fuel quality ethanol, and that the Ethanol is subject to industry standards and governmental standards. Producer represents and warrants to Gold that all Ethanol, in the form loaded onto the truck or railcar of the Carrier: (i) shall meet or exceed the standards, specifications and other requirements set forth in Exhibit A (attached hereto), as Exhibit A may be amended, restated, amended and restated, supplemented or otherwise modified from time to time by Gold (as provided below); (ii) shall comply with all applicable governmental laws, rules, regulations, standards and specifications, including with respect to quality, composition, naming and labeling; and (iii) may lawfully be introduced into interstate commerce. b. Gold may amend, restate, supplement or otherwise modify Exhibit A at any time and from time to time as Gold deems necessary or appropriate to comply with any changes in industry standards or applicable federal or state laws, rules or regulations, with each such amended, restated, supplemented or otherwise modified Exhibit A to be effective with respect to all Accepted Purchase Orders which become such after the date of Producer’s receipt of such updated Exhibit A from Gold.

Appears in 4 contracts

Samples: Exclusive Ethanol Marketing Agreement (Advanced BioEnergy, LLC), Exclusive Ethanol Marketing Agreement (Advanced BioEnergy, LLC), Subscription Agreement (Advanced BioEnergy, LLC)

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