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Form of Corn Supply Agreement
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Form of Corn Supply Agreement - attorney-drafted template. Party names and deal-specific details have been replaced with neutral placeholders. Review before use.
Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [*]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.
FORM OF CORN SUPPLY AGREEMENT
This Form of Agreement (“Agreement”) is made this day of, [YEAR], by and between [COMPANY], a [STATE] corporation (“[COMPANY]”), with a place of business at [ADDRESS], and , a [STATE] limited liability company (“Producer”). [COMPANY] and Producer are each a “Party” and collectively are the “Parties” to this Agreement.
RECITALS
A. Producer intends to construct, own and operate a plant at for the production of [AMOUNT] gallons per year of denatured fuel grade ethanol and relate products (as such plant may be expanded or upgraded according to the terms of this Agreement, the “Ethanol Facility”).
B. The Ethanol Facility will be located immediately adjacent to [COMPANY]’s grain handling facility located in (“Grain Facility”).
C. The Parties intend for Producer to purchase Corn (as defined below) exclusively from [COMPANY] for the purpose of ethanol production at the Ethanol Facility.
D. Corn will be delivered from [COMPANY] to Producer primarily via a bulk grain conveyor running between the Ethanol Facility and the Grain Facility.
E. Producer and [COMPANY] have executed that certain Master Agreement of even date herewith relating to the Ethanol Facility (the “Master Agreement”).
NOW THEREFORE, in consideration of the terms, conditions and covenants contained in this Agreement and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows.
AGREEMENT
1. Incorporation of Master Agreement; Definitions.
a. Master Agreement. The terms and conditions of the Master Agreement are hereby incorporated herein by reference. To the extent any provision of the Master Agreement conflicts with any provision contained herein, the provision contained herein will control.
b. Definitions. Terms capitalized but not defined in this Agreement shall have the meanings ascribed to them by the Master Agreement. In addition, as used in this Agreement, the following capitalized terms have the meanings indicated:
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Form of Corn Supply Agreement
Distribution Agreements -- US - General