Rail Car Leases. UBE shall, in consultation with HR, determine the number of rail car leases required to handle the transportation of the Distiller’s Grains. The rail car leases shall be in UBE’s name, and UBE shall negotiate, in consultation with HR, the terms of such rail car leases, but UBE shall not enter into any such rail car lease without HR’s prior written approval of such lease, which approval shall not be unreasonably withheld or delayed. Each such rail car lease must in all events, however, be applicable only to rail cars to be used exclusively in connection with the Plant and must be assignable, at any time and for any reason, to HR or its successors or assigns without the consent of the lessor, and such rail car leases shall be deemed to be automatically assigned to HR by UBE effective upon the termination date of this Restated Agreement. UBE shall in all events be and remain responsible, however, for any and all breaches of and defaults under any rail car lease by UBE. HR shall reimburse UBE for any reasonable expenses incurred by UBE associated with such rail car leases, to the extent such expenses are not already accounted for in the price of the Distiller’s Grains.
Appears in 4 contracts
Samples: Grains Marketing Agreement (Hawkeye Holdings, Inc.), Grains Marketing Agreement (Hawkeye Holdings, Inc.), Grains Marketing Agreement (Hawkeye Holdings, Inc.)
