Remedies for Breach Not Constituting an Event of Default. In the event that either Party breaches or fails to perform any commitment or obligation contained herein, under circumstances where such breach or failure does not constitute a Cargill Event of Default or a Producer Event of Default (each, as the context requires, an “Event of Default”), and such breach or failure is not excused by this Agreement, including by a Force Majeure condition, the other Party (the “Non-Defaulting Party”) may exercise any remedy or right specified in the Master Agreement or this Agreement in connection with such breach or failure. In addition, and without limiting the foregoing:
Appears in 7 contracts
Samples: Ethanol Marketing Agreement, Distillers Grains Marketing Agreement (ASAlliances Biofuels, LLC), Distillers Grains Marketing Agreement (BioFuel Energy Corp.)
Remedies for Breach Not Constituting an Event of Default. In the event that either Party breaches or fails to perform any commitment or obligation contained herein, under circumstances where such breach or failure does not constitute a Cargill Event of Default or a Producer Event of Default (each, as the context requires, an “Event of Default”), and such breach or failure is not excused by this Agreement, including by a Force Majeure condition, the other Party (the “Non-Defaulting Party”) may exercise any remedy or right specified in the Master Agreement or this Agreement in connection with such breach or failure. In addition, and without limiting the foregoing:
Appears in 5 contracts
Samples: Form of Corn Supply Agreement (ASAlliances Biofuels, LLC), Corn Supply Agreement (BioFuel Energy Corp.), Corn Supply Agreement (BioFuel Energy Corp.)
Remedies for Breach Not Constituting an Event of Default. In the event that either Party breaches or fails to perform any commitment or obligation contained herein, under circumstances where such breach or failure does not constitute a Cargill Distillers Event of Default or a Producer NEDAK Event of Default (each, as the context requires, an “"Event of Default”"), and such breach or failure is not excused by this Agreement, including by a Force Majeure condition, the other Party (the “"Non-Defaulting Party”") may exercise any remedy or right specified in the Master Agreement or this Agreement in connection with such breach or failure. In addition, and without limiting the foregoing:
Appears in 1 contract
Samples: Execution Copy (Nedak Ethanol, LLC)
