Common use of Supply of Feedstock Clause in Contracts

Supply of Feedstock. Subject to Section 20.5, Landlord shall provide to Tenant the minimum quantity and quality of manure as described in Exhibit E attached hereto (the “Feedstock”). Landlord also shall provide Tenant with additional manure in excess of the minimum quantity if or when it becomes available; provided that if such manure is not from the Dairy, Landlord shall first obtain Tenant’s written approval to supply such additional manure, including such chemical analysis as Tenant may reasonably request. Landlord shall not supply any Feedstock that is not manure unless it has first obtained Tenant’s written approval to supply such additional Feedstock, including such chemical analysis as Tenant may reasonably request. Similarly, Tenant shall not add any non-manure feedstock without first obtaining Landlord's written approval, which shall not be unreasonably conditioned, delayed or withheld. Prior to the addition of any non-manure feedstock, the parties shall obtain or amend all necessary permits, complete any required capital investments, change operational procedures as needed, and establish and maintain ongoing record keeping and testing procedures. Subject to the quantity and quality requirements described in Exhibit E, Landlord shall use commercially reasonable efforts to notify Tenant in advance of any proposed change in Landlord’s operating procedures that may affect the Feedstock quality and quantity, including, without limitation, any changes in feed additives, cow digestion enhancers, or other chemicals or supplements, provided that any such change, whether or not advance notice thereof was provided to Tenant, will not excuse Landlord from its obligations to meet the requirements set forth in Exhibit E.

Appears in 5 contracts

Samples: Lease and Feedstock Supply Agreement, Lease and Feedstock Supply Agreement, Lease and Feedstock Supply Agreement

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