FORM OF GAS RISK MANAGEMENT ADVISORY AGREEMENTGas Risk Management Advisory Agreement • December 27th, 2006 • ASAlliances Biofuels, LLC • Industrial organic chemicals • New York
THIS BRIEF STATEMENT CANNOT DISCLOSE ALL THE RISKS AND OTHER SIGNIFICANT ASPECTS OF THE COMMODITY MARKETS. YOU SHOULD THEREFORE CAREFULLY STUDY THIS DISCLOSURE DOCUMENT AND COMMODITY TRADING BEFORE YOU TRADE.
FORM OF CARGILL DIRECT CORN FUTURES ADVISORY AGREEMENTCorn Futures Advisory Agreement • December 27th, 2006 • ASAlliances Biofuels, LLC • Industrial organic chemicals • New York
BY SIGNING THIS AGREEMENT, YOU (1) MAY BE WAIVING YOUR RIGHT TO SUE IN A COURT OF LAW; AND (2) ARE AGREEING TO BE BOUND BY ARBITRATION OF ANY CLAIMS OR COUNTERCLAIMS WHICH YOU OR CARGILL DIRECT OR ANY OF ITS AFFILIATED PERSONS MAY SUBMIT TO ARBITRATION UNDER THIS AGREEMENT. YOU ARE NOT, HOWEVER, WAIVING YOUR RIGHT TO ELECT INSTEAD TO PETITION THE CFTC TO INSTITUTE REPARATIONS PROCEEDINGS UNDER SECTION 14 OF THE COMMODITY EXCHANGE ACT WITH RESPECT TO ANY DISPUTE WHICH MAY BE ARBITRATED PURSUANT TO THIS AGREEMENT. IN THE EVENT A DISPUTE ARISES, YOU WILL BE NOTIFIED IF CARGILL DIRECT OR ANY OF ITS AFFILIATED PERSONS INTEND TO SUBMIT THE DISPUTE TO ARBITRATION. IF YOU BELIEVE A VIOLATION OF THE COMMODITY EXCHANGE ACT IS INVOLVED AND IF YOU PREFER TO REQUEST A SECTION 14 “REPARATION” PROCEEDING BEFORE THE CFTC, YOU WILL HAVE 45 DAYS FROM THE DATE OF SUCH NOTICE IN WHICH TO MAKE THAT ELECTION.
Page Article 1 Definitions; Rules of Interpretation 1 1.1 Rules of Construction 1 1.2 Defined Terms 2 Article 2 The Project 6 2.1 Services to be Performed 6 2.2 Extent of Agreement 6 2.3 Conflicting Provisions 7 Article 3 Design-Builder...Lump Sum Design-Build Agreement • December 27th, 2006 • ASAlliances Biofuels, LLC • Industrial organic chemicals • Minnesota
This FORM OF LUMP SUM DESIGN-BUILD CONTRACT (the “Agreement”) is made as of , 2006, (the “Effective Date”) by and between , a limited liability company (the “Owner”) and Fagen, Inc., a Minnesota corporation (the “Design-Builder”) (each, a “Party” and collectively, the “Parties”).
