Supply of Feedstock; Plant Location. Except as otherwise provided in this Agreement, Buyer agrees to purchase one-hundred percent (100%) of Buyer’s Feedstock requirements for biodiesel production at the Plant from CTG, and CTG agrees to supply such Feedstock to Buyer, at the Delivered Feedstock Price. CTG may deliver the Feedstock via rail cars, tanker trucks, or barge with such shipments not to exceed size units as mutually agreed. Both Parties agree to discuss the Feedstock availability options, delivery options, and agree to reach a mutually agreeable delivery schedule as set forth in Exhibit “A”. Should Buyer subsequently plan to increase biodiesel production at the Plant in excess of the current maximum production quantity, whether via expansion or otherwise, Buyer will first offer to CTG the opportunity to supply, by amendment to this Agreement, the Feedstock needed for such increased production. Such offer will be in writing, setting out the proposed production changes, timing and other relevant details. If CTG does not accept such offer, or if the parties are unable to otherwise negotiate an acceptable amendment to this Agreement to supply the additional Feedstock, within thirty (30) days of Buyer’s written offer, then Buyer may offer such additional supply to a third party on terms no less favorable to Buyer than those last offered by CTG. The Parties agree that the Plant shall be located at either Catoosa, Muskogee or Oklahoma City, Oklahoma. Buyer has the right to select among these three locations; however, Buyer covenants that the Plant shall accommodate, at a minimum, truck and railcar traffic (both receiving and loading) to support the supply requirements herein and in that certain Biodiesel Sale and Purchase Agreement of even date herewith.
