Common use of Deviation from Design Clause in Contracts

Deviation from Design. Client shall indemnify and hold harmless Engineer, its employees, its agents, its affiliates, and any other persons or entities within its control or for whom Engineer would otherwise be responsible ("Engineer Responsible Parties") against claims arising out of Engineer's design, if there has been, in the completion of the Phase I and Phase II Site Green Plains Renewable Energy, Inc. Phase I and Phase II Engineering Agreement October 4, 2005 work required of Client prior to the issuance of a Notice to Proceed pursuant to the Design-Build Agreement, a failure to follow Engineer's recommendation and such deviation or failure caused the claims.

Deviation from Design. Client shall indemnify and hold harmless Engineer, its employees, its agents, its affiliates, and any other persons or entities within its control or for whom Engineer would otherwise be responsible ("“Engineer Responsible Parties"”) against claims arising out of Engineer's ’s design, if there has been, in the completion of the Phase I and Phase II Site Green Plains Renewable Energy, Inc. Phase I and Phase II Engineering Agreement October 4, 2005 work required of Client prior to the issuance of a Notice to Proceed pursuant to the DesignDesign- Val-E Ethanol, LLC Phase I and Phase II Engineering Agreement October 4, 2005 Build Agreement, a failure to follow Engineer's ’s recommendation and such deviation or failure caused the claims.

Deviation from Design. Client shall indemnify and hold harmless Engineer, its employees, its agents, its affiliates, and any other persons or entities within its control or for whom Engineer would otherwise be responsible ("“Engineer Responsible Parties"”) against claims arising out of Engineer's ’s design, if there has been, in the completion of the Phase I and the Phase II Site Green Plains Renewable Energy, Inc. Phase I and Phase II Engineering Agreement October 4, 2005 work required of Client prior to the issuance of a Notice to Proceed pursuant to the E-Energy Axxxx, LLC Phase I and Phase II Engineering Agreement January 18, 2006 Design-Build Agreement, a failure to follow Engineer's ’s recommendation and such deviation or failure caused the claims.

Deviation from Design. Client shall indemnify and hold harmless Engineer, its employees, its agents, its affiliates, and any other persons or entities within its control or for whom Engineer would otherwise be responsible ("“Engineer Responsible Parties"”) against claims arising out of Engineer's ’s design, if there has been, in the completion of the Phase I and Phase II Site Green Plains Renewable Energy, Inc. Phase I and Phase II Engineering Agreement October 4, 2005 work required of Client prior to the issuance of a Notice to Proceed pursuant to the Design-Design- Buffalo Ridge Energy, LLC Phase I and Phase II Engineering Agreement July 20, 2006 Build Agreement, a failure to follow Engineer's ’s recommendation and such deviation or failure caused the claims.

Deviation from Design. Client shall indemnify and hold harmless Engineer, its employees, its agents, its affiliates, and any other persons or entities within its control or for whom Engineer would otherwise be responsible ("“Engineer Responsible Parties"”) against claims arising out of Engineer's ’s design, if there has been, in the completion of the Phase I and Phase II Site Green Plains Renewable Energy, Inc. Phase I and Phase II Engineering Agreement October 4, 2005 work required of Client prior to the issuance of a Notice to Proceed pursuant to the Design-Design- Siouxland Ethanol, LLC Phase I and Phase II Engineering Agreement September 28, 2005 Build Agreement, a failure to follow Engineer's ’s recommendation and such deviation or failure caused the claims.

Deviation from Design. Client shall indemnify and hold harmless Engineer, its employees, its agents, its affiliates, and any other persons or entities within its control or for whom Engineer would otherwise be responsible ("“Engineer Responsible Parties"”) against claims arising out of Engineer's ’s design, if there has been, in the completion of the Phase I and the Phase II Site Green Plains Renewable Energy, Inc. Phase I and Phase II Engineering Agreement October 4, 2005 work required of Client prior to the issuance of a Notice to Proceed pursuant to the First United Ethanol, LLC Phase I and Phase II Engineering Agreement January 10, 2006 Design-Build Agreement, a failure to follow Engineer's ’s recommendation and such deviation or failure caused the claims.

Deviation from Design. Client shall indemnify and hold harmless Engineer, its employees, its agents, its affiliates, and any other persons or entities within its control or for Ethanol Grain Processors, LLC Phase I and Phase II Engineering Agreement 5/25/06 whom Engineer would otherwise be responsible ("“Engineer Responsible Parties"”) against claims arising out of Engineer's ’s design, if there has been, in the completion of the Phase I and Phase II Site Green Plains Renewable Energy, Inc. Phase I and Phase II Engineering Agreement October 4, 2005 work required of Client prior to the issuance of a Notice to Proceed pursuant to the Design-Build Agreement, a failure to follow Engineer's ’s recommendation and such deviation or failure caused the claims.