Common use of Contract Commitments Clause in Contracts

Contract Commitments. All Contracts negotiated by A-B shall be consistent with the Corn Procurement Policy, unless the general manager of the Facility, or his designee (or such other individual identified in writing by Producer) approves in advance any Contract terms inconsistent with the Corn Procurement Policy. Attached hereto as Exhibit A is a form of the Contract that A-B intends to use to purchase Corn hereunder. Any material changes to the form contract must be approved by Producer prior to use. A-B will not be a party to, or have any liability or obligation to any seller or Producer under, Contracts which are executed in compliance with the provisions of this Section 2 and Producer will bear all risk of loss (including, without limitation, for non-delivery and quality of Corn) under the terms of the Contracts. Producer will indemnify, defend and hold harmless A-B and its Affiliates (as defined above), employees and agents from and against any and all liabilities, costs and expenses (including, without limitation, attorneys fees) arising out of, relating to or resulting from any Contracts and the obligations of Producer there under, except to the extent such liabilities, costs and expenses arise out of the gross negligence or intentional misconduct of A-B.