Common use of Tax Credits; Blending, Shipping & Loading Clause in Contracts

Tax Credits; Blending, Shipping & Loading. Blackhawk Biofuels will, at the request of REG Marketing, blend the Biodiesel with petroleum diesel (supplied by Blackhawk Biofuels at its cost) to create B99.9 biodiesel at no additional charge to REG Marketing. Any excise tax or income tax credit or refund, including any blender’s credit or CCC credit or refund (“Tax Credits”) relating to the Biodiesel delivered to REG Marketing will be for the account of REG Marketing, and shall be submitted (as applicable) to the United States Internal Revenue Service (“IRS”) or other appropriate entity by Blackhawk Biofuels, unless otherwise requested by REG Marketing Blackhawk Biofuels will not claim any Tax Credits relating to the Biodiesel delivered to REG Marketing without the written consent of REG Marketing. In addition, Blackhawk Biofuels shall fulfill the requests regarding additives and load temperature as set out on the “Shipping/Loadout Request” form supplied by REG Marketing and complete the loadout information for each load of Biodiesel shipped, all as set out on the attached as Exhibit D hereto.