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.
ContractCorn Futures Advisory Agreement • April 14th, 2009
Counterparty Debtor Description of Contract Cure Amount Cargill Direct VeraSun Albion, LLC Corn Futures Advisory Agreement $0 Webster County, Indiana VeraSun Fort Dodge, LLC Easement Agreement 9-3-04 $0 CoSentry.net, LLC d/b/a CoSentry VeraSun Energy Corporation CoSentry Master Services Agreement, dated May 16, 2008 $5,720 South Dakota Network VeraSun Energy Corporation Master Agreement for Services $0 Energy Management & ConsultingServices, LLC VeraSun Marion Energy Management Agreement $34,954 ICM, INC. ASA Albion ICM License Agreement $0 Northern Natural Gas Company VeraSun Dyersville, LLC MID Pooling Service Agreement $0 ICM Inc. VeraSun Marion License Agreement between $0 ICM Inc. ASA Bloomingburg, LLC ICM License Agreement $0 ICM Inc. ASA Linden, LLC ICM License Agreement $0 Fagen inc. ASA Linden, LLC Lump Sum Design Build Agreement $0 TM Water Millenium Ethanol, LLC Water users Agreement $0 Fremar Farmers Cooperative Millenium Ethanol, LLC Management Agreement $34,810 BNSF M
