Common use of Replacement Hydrocarbons Clause in Contracts

Replacement Hydrocarbons. In the event that Seller does not have Renewable Hydrocarbons available for delivery hereunder from the Facility due to operational issues at the Facility that affect production capacity, Seller may provide Buyer with Replacement Hydrocarbons. As used herein, “Replacement Hydrocarbons” means hydrocarbons that otherwise meet the requirements of Renewable Hydrocarbons set forth in this Agreement (including all applicable Specifications), other than for the fact that they were produced at another Seller facility other than the Facility. Deliveries of Replacement Hydrocarbons shall, unless otherwise agreed by the Parties, be made at the Delivery Point at the Facility, and Seller shall, in accordance with this Agreement, Applicable Laws and applicable industry standards, provide, or cause to be provided, transportation to such Delivery Point of all quantities of Replacement Hydrocarbons made available hereunder to Buyer. If Seller desires to deliver Replacement Hydrocarbons, Seller shall notify Buyer no later than five (5) days prior to the applicable scheduled delivery of Renewable Hydrocarbons hereunder that Seller is electing to deliver Replacement Hydrocarbons. All Replacement Hydrocarbons delivered shall count towards Seller’s obligations to deliver an amount on a monthly basis at least equal to the applicable Monthly Minimum Quantity.

Replacement Hydrocarbons. In the event that Seller Gevo does not have Renewable Hydrocarbons available for delivery hereunder from the Facility due to operational issues at the Facility that affect production capacity, Seller Gevo may provide Buyer Kolmar with Replacement Hydrocarbons. As used herein, “Replacement Hydrocarbons” means (i) hydrocarbons that otherwise meet the requirements of Renewable Hydrocarbons set forth in this Agreement (including all applicable Specifications), other than for the fact that they were produced at another Seller Gevo facility other than the Facility, (ii) deliveries of Renewable ATJ may be replaced with Sustainable Aviation Fuel, and (iii) such Replacement Hydrocarbons shall have all associated Environmental Attributes or associated rights to Environmental Attributes which the Renewable Hydrocarbons to be tendered hereunder were either accompanied with or had such associated rights; provided, however, that Gevo shall not be permitted to provide palm oil-based Sustainable Aviation Fuel as a Replacement Hydrocarbon. Deliveries of Replacement Hydrocarbons shall, unless otherwise agreed by the Parties, be made at the Delivery Receipt Point at the Facility, and Seller Gevo shall, in accordance with this Agreement, Applicable Laws and applicable industry standards, provide, or cause to be provided, transportation to such Delivery Receipt Point of all quantities of Replacement Hydrocarbons made available hereunder to BuyerKolmar. If Seller Gevo desires to deliver Replacement Hydrocarbons, Seller Gevo shall notify Buyer Kolmar no later than five (5) days Days prior to the applicable scheduled delivery of Renewable Hydrocarbons hereunder that Seller Gevo is electing to deliver Replacement Hydrocarbons. All Replacement Hydrocarbons delivered shall count towards SellerGevo’s obligations to deliver an amount on a monthly basis at least equal to the applicable Monthly Minimum Quantity.

Replacement Hydrocarbons. In the event that Seller Gevo does not have Renewable Hydrocarbons available for delivery hereunder from the Facility due to operational issues at the Facility that affect production capacity, Seller Gevo may provide Buyer Kolmar with Replacement HydrocarbonsHydrocarbons in the same Production Split then currently in effect. As used herein, “Replacement Hydrocarbons” means (i) hydrocarbons that otherwise meet the requirements of Renewable Hydrocarbons set forth in this Agreement (including all applicable Specifications), other than for the fact that they were produced at another Seller Gevo facility other than the Facility, (ii) deliveries of Renewable ATJ may be replaced with Sustainable Aviation Fuel, and (iii) such Replacement Hydrocarbons shall have all associated Environmental Attributes or associated rights to Environmental Attributes which the Renewable Hydrocarbons to be tendered hereunder were either accompanied with or had such associated rights; provided, however, that Gevo shall not be permitted to provide palm oil-based Sustainable Aviation Fuel as a Replacement Hydrocarbon. Deliveries of Replacement Hydrocarbons shall, unless otherwise agreed by the Parties, be made at the Delivery Receipt Point at the Facility, and Seller Gevo shall, in accordance with this Agreement, Applicable Laws and applicable industry standards, provide, or cause to be provided, transportation to such Delivery Receipt Point of all quantities of Replacement Hydrocarbons made available hereunder to BuyerKolmar. If Seller Gevo desires to deliver Replacement Hydrocarbons, Seller Gevo shall notify Buyer Kolmar no later than five (5) days Days prior to the applicable scheduled delivery of Renewable Hydrocarbons hereunder that Seller Gevo is electing to deliver Replacement Hydrocarbons. All Replacement Hydrocarbons delivered shall count towards SellerGevo’s obligations to deliver an amount on a monthly basis at least equal to the applicable Monthly Minimum Quantity.