Common use of Sale Commitments Clause in Contracts

Sale Commitments. From time to time during the term of this Agreement and in order to maximize the sales price of DG, RPMG may enter sales contracts or other agreements with End Customers for future delivery of DG. In the event Producer fails to produce DG in accordance with the information provided to RPMG under Sections 3(a), (b), or (c) above for reasons other than Force Majeure (as defined in Section 10 herein) or terminates this Agreement other than in accordance with the provisions of Section 6 below, and as a result RPMG is required to purchase DG from third parties to meet previous DG sale commitments that are based upon such information, RPMG may charge Producer the amount (if any) that the price of such replacement DG exceeded the price that RPMG would have paid to Producer for the applicable DG under this Agreement.

Appears in 3 contracts

Samples: Distillers Grains Marketing Agreement (Highwater Ethanol LLC), Distillers Grains Marketing Agreement (Red Trail Energy, LLC), Distillers Grains Marketing Agreement (Golden Grain Energy)

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Sale Commitments. From time to time during the term of this Agreement and in order to maximize the sales price of DG, RPMG may enter sales contracts or other agreements with End Customers for future delivery of DG. In the event Producer fails to produce DG in accordance with the information provided to RPMG under Sections 3(a), ) or (b), or (c) above for reasons other than Force Majeure (as defined in Section 10 herein) or terminates this Agreement other than in accordance with the provisions of Section 6 below, and as a result RPMG is required to purchase DG from third parties to meet previous DG sale commitments that are based upon such information, RPMG may charge Producer the amount (if any) that the price of such replacement DG exceeded the price that RPMG would have paid to Producer for the applicable DG under this Agreement.

Appears in 1 contract

Samples: Distillers Grains Marketing Agreement (Granite Falls Energy, LLC)

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