Common use of Rejection of Ethanol Clause in Contracts

Rejection of Ethanol. Payment of invoice and acceptance of delivery do not waive UBE’s rights if the Ethanol does not comply with the Ethanol Specifications at the time of loading at the Facility. Unless otherwise agreed between the parties to this Agreement, and in addition to other remedies permitted by law, UBE may, without obligation to pay, reject, any of the Ethanol which is demonstrated by UBE to Customer to have failed to conform in any material respect to the Ethanol Specifications at the time of loading at the Facility; provided, however, that UBE shall report in writing any non-conforming Ethanol promptly upon and in any event with twenty (20) days of discovery of such non-conformity. Such written notice to Customer shall identify the deficiency that resulted in the rejection. All such rejected, non-conforming Ethanol shall be returned to the Facility and Customer shall be liable for all costs and expenses incurred in connection with returning such non-conforming Ethanol to the Facility in accordance with any and all applicable laws, rules and regulations.

Rejection of Ethanol. Payment of invoice and acceptance of delivery do not waive UBEProvista’s rights if the Ethanol does not comply with the Ethanol Specifications at the time of loading at the Facility. Unless otherwise agreed between the parties to this Agreement, and in addition to other remedies permitted by law, UBE Provista may, without obligation to pay, reject, any of the Ethanol which is demonstrated by UBE Provista to Customer to have failed to conform in any material respect to the Ethanol Specifications at the time of loading at the Facility; provided, however, that UBE Provista shall report in writing any non-conforming Ethanol promptly upon and in any event with twenty (20) days of discovery of such non-conformity. Such written notice to Customer shall identify the deficiency that resulted in the rejection. All such rejected, non-conforming Ethanol shall be returned to the Facility and Customer shall be liable for all costs and expenses incurred in connection with returning such non-conforming Ethanol to the Facility in accordance with any and all applicable laws, rules and regulations.