Common use of Final and Complete Agreement Clause in Contracts

Final and Complete Agreement. This contract shall represent the final, complete and exclusive statement of agreement between the parties and may not be modified, supplemented or waived, except in writing signed by both parties. North Dakota Notice: A ND Indemnity Fund Assessment of .2%(.002)of the value of grain covered by this contract may be deducted at settlement. NOTICE TO SELLER OF FINANCIAL RISK MINNESOTA - THIS CONTRACT CONSTITUTES A VOLUNTARY EXTENSION OF CREDIT. THIS CONTRACT IS NOT COVERED BY ANY GRAIN BUYER'S BOND OR STORAGE BOND. MONTANA - IN THE EVENT OF FINANCIAL INSOLVENCY, AMOUNTS OWING AFTER SURETY BOND PAYMENT, MAY RESULT IN AN UNSECURED OBLIGATION. THE SELLER IS HEREBY ADVISED OFTHE FINANCIAL RISK INVOLVEDWITHTHISTYPE OF CONTRACT. NORTH DAKOTA - THIS CONTRACT IS NOT PROTECTED BY BOND COVERAGE IN THE EVENT OF BUYER’S INSOLVENCY. SOUTH DAKOTA - THIS CONTRACT IS NOT PROTECTED BY SOUTH DAKOTA STATUTORY BOND COVERAGES. Seller (AUTHORIZED SIGNATURE) DATE In witness whereof, the parties have signed this contract this day of (month), (year). FORM 2559 (Rev-1/10) BUYER: (Authorized Signature(s) Date SELLER: (Authorized Signature(s) Date 000,000 • Xxxxxx Xxxxxxx Co., Printers • Fergus Falls, MN • 1-800-346-4870 LOOSE TRIPLICATE SAMPLE HEDGE (FUTURES FIXED) TO ARRIVE GRAIN PURCHASE CONTRACT 00001 This is an agreement that the Seller (Seller’s Name) of on (Seller’s Address) (Date) has sold and agreed to deliver to the Buyer, (Company Name) at a net quantity of (bu. / cwt.) (Buyer’s Address) of U.S. of at (% Protein) (% Moisture) at (Circle One) for delivery (Grade and Kind) (Commodity) (Delivery Location) . The purchase price has not yet been set by Seller. The purchase price will be the 1) Futures Contract price of (Specify Time Period for Delivery) for the Futures Contract on the (month/year) (CBOT/MGE/KCBT) (Amount) and 2) the “cash basis” at the xxxx Xxxxxx gives notice to Buyer to set the price. The cash basis will be the difference between the price of the Futures Contract and the cash price of the grain at destination for the designated arrival period in this contract at the xxxx Xxxxxx elects to set the purchase price. The cash basis could be a plus or minus figure at the time of pricing. Buyer will advance to Seller %(not to exceed 80%) of the market value of the grain upon completion of delivery. If the market value of the grain drops below 110% of the advance amount, partial repayment of the advance to maintain the 10% differential will be required from Seller. If Seller does not provide the required funds on short notice, this contract may be liquidated by Buyer, and Seller will be liable for any deficit. Settlement will be made to Seller when the cash price is fixed. Seller agrees to set the “cash basis” and thereby determine the purchase price of said grain on or before (Date) during regular trading hours of the Exchange. Unless other terms have been agreed upon prior to said date, Buyer is authorized to set the cash basis and the cash price of said contract if the grain has not been priced by Seller by said date. Seller shall pay Buyer a service charge equal to the greater of 1) cents per bushel or 2) cents per bushel per month or fraction thereof from delivery of the grain to the date that the cash price is set. The service charge shall be payable at the time the purchase price is determined.

Final and Complete Agreement. This contract shall represent the final, complete and exclusive statement of agreement between the parties and may not be modified, supplemented or waived, except in writing signed by both parties. North Dakota NoticeNORTH DAKOTA NOTICE: A ND Indemnity Fund Assessment of .2%(.002)of .2% (.002) of the value of grain covered by this contract may be deducted at settlement. NOTICE TO SELLER OF FINANCIAL RISK MINNESOTA - THIS CONTRACT CONSTITUTES A VOLUNTARY EXTENSION OF CREDIT. THIS CONTRACT IS NOT COVERED BY ANY GRAIN BUYER'S BOND ’S OR STORAGE BOND. MONTANA - IN THE INTHE EVENT OF FINANCIAL OFFINANCIAL INSOLVENCY, AMOUNTS OWING AFTER OWINGAFTER SURETY BOND PAYMENT, MAY RESULT IN AN UNSECURED OBLIGATION. THE SELLER IS HEREBY ADVISED OFTHE OF THE FINANCIAL RISK INVOLVEDWITHTHISTYPE OF RISKS INVOLVED INTHIS CONTRACT. NORTH DAKOTA - THIS CONTRACT IS NOT PROTECTED BY BOND COVERAGE IN THE INTHE EVENT OF BUYER’S INSOLVENCY. SOUTH DAKOTA - THIS CONTRACT IS NOT PROTECTED BY SOUTH DAKOTA STATUTORY BOND COVERAGES. Seller Date (AUTHORIZED SIGNATURE) DATE In witness whereof, the parties have signed this contract this day of (month), (year). FORM 2559 (Rev-1/10) BUYERBuyer: Date (Authorized Signature(sSignature) Seller: Date SELLER: (Authorized Signature(sSignature) Date DATE SCALE TKT. NO. BUSHELS DATE SCALE TKT. NO. BUSHELS SCALE TICKET SUMMARY FORM 2562 (Rev 5/10) 000,000 • Xxxxxx Xxxxxxx Co., Printers • Fergus Falls, MN • 1-800-346-4870 LOOSE TRIPLICATE SAMPLE HEDGE (FUTURES FIXED) TO ARRIVE BOUND 50 3-PART SETS PER BOOK. DELAYED PRICING GRAIN PURCHASE CONTRACT 00001 This is an agreement that the Seller of on (Seller’s Name) of on (Seller’s Address) (Date) has sold and agreed to deliver to the Buyer, at (Company NameBuyer’s Address) at a net quantity of (bu. / cwt.) (Buyer’s Address) of U.S. of at (% Protein) (% %Moisture) at (Circle One) for delivery (Grade and Kind) (Commodity) at for delivery . (Delivery Location) . The purchase price has not yet been set by Seller. The purchase price will be the 1) Futures Contract price of (Specify Time Period for Delivery) for The purchase price of the Futures Contract on the (month/year) (CBOT/MGE/KCBT) (Amount) and 2) the “cash basis” grain is agreed to be Buyer’s bid price, less charges, at the xxxx Xxxxxx gives notice to Buyer buyer to set the price. The cash basis will be In the difference between event Seller gives such notice after the trading hours of the Chicago Board of Trade and the Minneapolis Grain Exchange (presently 9:30 A.M. to 1:15 P.M., central time, Monday through Friday), Buyer reserves the right to defer setting a bid price until the next market trading session. In the event such notice shall not have been given on or before , the price of the Futures Contract and grain shall be Buyer’s bid price, less charges, after the cash price of the grain at destination for the designated arrival period in this contract at the xxxx Xxxxxx elects to set the purchase price. The cash basis could be a plus or minus figure at the time of pricing. Buyer will advance to Seller %(not to exceed 80%) close of the market value of the grain upon completion of delivery. If the market value of the grain drops below 110% of the advance amounton said date, partial repayment of the advance to maintain the 10% differential will be required from Seller. If Seller does not provide the required funds on short notice, this contract may be liquidated by Buyer, and Seller will be liable for any deficit. Settlement will be made to Seller when the cash price is fixed. Seller agrees to set the “cash basis” and thereby determine the purchase price of said grain on or before (Date) during regular trading hours of the Exchange. Unless unless other terms have been agreed upon prior to said date, Buyer is authorized to set the cash basis and the cash price of said contract if the grain has not been priced by Seller by said date. Seller shall pay Buyer a service charge equal to the greater of 1) cents per bushel or 2) cents per bushel per month or fraction thereof from delivery of the grain to the date that the cash price is set. The service charge shall be payable at the time the purchase price is determinedin writing.

Final and Complete Agreement. This contract shall represent the final, complete and exclusive statement of agreement between the parties and may not be modified, supplemented or waived, except in writing signed by both parties. North Dakota NoticeNORTH DAKOTA NOTICE: A ND Indemnity Fund Assessment of .2%(.002)of .2% of the value of grain covered by this contract may be deducted at settlement. NOTICE TO FINAL:_______________________________________ PRICED: _____________________________________ BUSHELS: ___________________________________ NOTICETO SELLER OF FINANCIAL RISK MINNESOTA - THIS CONTRACT CONSTITUTES A VOLUNTARY EXTENSION OF CREDIT. THIS CONTRACT IS NOT COVERED BY ANY GRAIN BUYER'S BOND ’S OR STORAGE BOND. MONTANA - IN THE EVENT OF FINANCIAL INSOLVENCY, AMOUNTS OWING AFTER SURETY BOND PAYMENT, MAY RESULT IN AN UNSECURED OBLIGATION. THE SELLER IS HEREBY ADVISED OFTHE FINANCIAL RISK INVOLVEDWITHTHISTYPE OF CONTRACT. NORTH DAKOTA - THIS CONTRACT IS NOT PROTECTED BY BOND COVERAGE IN THE EVENT OF BUYER’S INSOLVENCY. SOUTH DAKOTA - THIS CONTRACT IS NOT PROTECTED BY SOUTH DAKOTA STATUTORY BOND COVERAGES. Seller SELLER (AUTHORIZED SIGNATUREAuthorized Signature(s) DATE Date In witness whereof, the parties have signed this contract this day of (month), (year). FORM 2559 (Rev-1/10) BUYER: (Authorized Signature(s) Date SELLER: (Authorized Signature(s) Date LOOSE FORM 2566 (Rev. 5/10) 000,000 • Xxxxxx Xxxxxxx Co., Printers • Fergus Falls, MN • 1-800-346-4870 LOOSE (Authorized Signature(s) TRIPLICATE SAMPLE HEDGE (FUTURES FIXED) TO ARRIVE SETS. MINIMUM PRICE GRAIN PURCHASE CONTRACT 00001 This is an agreement that the Seller of on (Seller’s Name) of on (Seller’s Address) (Date) has sold and agreed to deliver to the Buyer, (Company Name) at (Buyer’s Address, City, State, & Zip Code) a net quantity of (bu. / cwt.) (Buyer’s Address) of U.S. of at (% Protein) (% %Moisture) at (Circle One) for delivery (Grade and Kind) (Commodity) at for delivery . The final price per bushel will be a basis of ¢ (Delivery Location) . The purchase price has not yet been set by Seller. The purchase price will be the 1) Futures Contract price of (Specify Time Period for Delivery) for the Futures Contract on futures contract at the time the Seller gives the Buyer notice to set the final price. (monthOver/yearUnder) (CBOT/MGE/KCBT/MIDAM) (AmountMonth/Year) and 2(Commodity) the “cash basis” at the xxxx Xxxxxx gives notice to Buyer to set the price. The cash basis will be the difference between the price initial payment of the Futures Contract and minimum price shall be considered final payment unless the cash Seller fixes the futures price of during the grain at destination for the designated arrival period in this contract at the xxxx Xxxxxx elects to set the purchase price. The cash basis could be a plus or minus figure at the time of pricing. Buyer will advance to Seller %(not to exceed 80%) of the market value of the grain upon completion of delivery. If the market value of the grain drops below 110% of the advance amount, partial repayment of the advance to maintain the 10% differential will be required from Seller. If Seller does not provide the required funds on short notice, this contract may be liquidated by Buyer, and Seller will be liable for any deficit. Settlement will be made to Seller when the cash price is fixed. Seller agrees to set the “cash basis” and thereby determine the purchase price of said grain trading session on or before . (Expiration Date) during regular trading hours of In the Exchange. Unless other terms have been agreed upon prior to said date, Buyer is authorized to set event the cash basis and the cash price of said futures contract if the grain has not been priced by Seller by said date. Seller shall pay Buyer a service charge equal to the greater of 1) cents per bushel or 2) cents per bushel per month or fraction thereof from delivery of the grain to the date that the cash price is set. The service charge shall be payable at not fixed by the time close on the purchase price is determinedfinal day of pricing, the Seller accepts the minimum price.

Final and Complete Agreement. This contract shall represent the final, complete and exclusive statement of agreement between the parties and may not be modified, supplemented or waived, except in writing signed by both parties. North Dakota NoticeNORTH DAKOTA NOTICE: A ND Indemnity Fund Assessment of .2%(.002)of .2% (.002) of the value of grain covered by this contract may be deducted at settlement. NOTICE TO SELLER OF FINANCIAL RISK MINNESOTA - THIS CONTRACT CONSTITUTES A VOLUNTARY EXTENSION OF CREDIT. THIS CONTRACT IS NOT COVERED BY ANY GRAIN BUYER'S BOND ’S OR STORAGE BOND. MONTANA - IN THE EVENT OF FINANCIAL INSOLVENCY, AMOUNTS OWING AFTER SURETY BOND PAYMENT, MAY RESULT IN AN UNSECURED OBLIGATION. THE SELLER IS HEREBY ADVISED OFTHE OF THE FINANCIAL RISK INVOLVEDWITHTHISTYPE INVOLVED WITH THIS TYPE OF CONTRACT. NORTH DAKOTA - THIS CONTRACT IS NOT PROTECTED BY BOND COVERAGE IN THE EVENT OF BUYER’S INSOLVENCY. SOUTH DAKOTA - THIS CONTRACT IS NOT PROTECTED BY SOUTH DAKOTA STATUTORY BOND COVERAGES. Seller Date (AUTHORIZED SIGNATURE) DATE In witness whereof, the parties have signed this contract this day of (month), (year). FORM 2559 2558 (Rev-1/10Rev 10/09) BUYER: (Authorized Signature(s)) Date SELLER: (Authorized Signature(s)) Date 000,000 • Xxxxxx Xxxxxxx Co., Printers • Fergus Falls, MN • 1-800-346-4870 LOOSE TRIPLICATE SAMPLE HEDGE (FUTURES FIXED) TO ARRIVE BOUND 50 3-PART SETS PER BASIS FIXED GRAIN PURCHASE CONTRACT 00001 This is an agreement that the Seller of on (Seller’s Name) of on (Seller’s Address) (Date) has sold and agreed to deliver to the Buyer, at (Company NameBuyer’s Address) at a net quantity of (bu. / cwt.) (Buyer’s Address) of U.S. of at (% Protein) (% %Moisture) at (Circle One) for delivery (Grade and Kind) (Commodity) (Delivery Location) at for delivery . The purchase price per bushel has not yet been set by Seller. The purchase price will be the 1(Delivery Location) Futures Contract price of (Specify Time Period for Delivery) for The purchase price will be a basis of ¢ the Futures Contract on futures contract at the xxxx Xxxxxx (monthOver/yearUnder) (CBOT/MGE/KCBT) (AmountMonth/Year) and 2(Commodity) the “cash basis” at the xxxx Xxxxxx gives notice to Buyer to set the price. The cash basis will price must be the difference between the price set during trading hours of the Futures Contract and Exchange on which the cash basis is fixed, not later than . (Date) Unless other terms have been agreed upon prior to said date, Buyer is authorized to fix the futures price of the grain at destination for the designated arrival period in this contract at the xxxx Xxxxxx elects to set (thereby establishing the purchase price. The cash basis could be a plus or minus figure at ) during the time of pricingnext trading session if Seller has not priced the grain by the date indicated. Buyer will advance to Seller %% (not to exceed 80%) of the market value of the grain upon completion of delivery. If the market value of the grain drops below 110% of the advance amount, partial repayment of the advance to maintain the 10% differential will be required from Seller. If Seller does not provide the required funds on short notice, this contract may be liquidated by Buyer, and Seller will be liable for any deficit. Settlement will be made to Seller when the cash futures price is fixed. Seller agrees to set the “cash basis” and thereby determine the purchase price of said grain on or before (Date) during regular trading hours of the Exchange. Unless other terms have been agreed upon prior to said date, Buyer is authorized to set the cash basis and the cash price of said contract if the grain has not been priced by Seller by said date. Seller shall pay Buyer a service charge equal to the greater of 1) cents per bushel or 2) cents per bushel per month or fraction thereof from delivery of the grain to the date that the cash price is set. The service charge shall be payable at the time the purchase price is determined.

Final and Complete Agreement. This contract shall represent the final, complete and exclusive statement of agreement between the parties and may not be modified, supplemented or waived, except in writing signed by both parties. North Dakota NoticeNORTH DAKOTA NOTICE: A ND Indemnity Fund Assessment of .2%(.002)of .2% of the value of grain covered by this contract may be deducted at settlement. NOTICE TO NOTICETO SELLER OF FINANCIAL RISK MINNESOTA - THIS CONTRACT CONSTITUTES A VOLUNTARY EXTENSION OF CREDIT. THIS CONTRACT IS NOT COVERED BY ANY GRAIN BUYER'S BOND ’S OR STORAGE BOND. MONTANA - IN THE EVENT OF FINANCIAL INSOLVENCY, AMOUNTS OWING AFTER SURETY BOND PAYMENT, MAY RESULT IN AN UNSECURED OBLIGATION. THE SELLER IS HEREBY ADVISED OFTHE FINANCIAL RISK INVOLVEDWITHTHISTYPE OF CONTRACT. NORTH DAKOTA - THIS CONTRACT IS NOT PROTECTED BY BOND COVERAGE IN THE EVENT OF BUYER’S INSOLVENCY. SOUTH DAKOTA - THIS CONTRACT IS NOT PROTECTED BY SOUTH DAKOTA STATUTORY BOND COVERAGES. Seller SELLER (AUTHORIZED SIGNATUREAuthorized Signature(s) DATE Date In witness whereof, the parties have signed this contract this day of (month), (year). FORM 2559 (Rev-1/10) FINAL: PRICED: BUSHELS: BUYER: (Authorized Signature(s) Date THIS TEXT PRINTED ON THE PINK 3RD PART ONLY. SELLER: (Authorized Signature(s) Date LOOSE FORM 2566 (Rev. 5/10) 000,000 • Xxxxxx Xxxxxxx Co., Printers • Fergus Falls, MN • 1-800-346-4870 LOOSE TRIPLICATE SAMPLE HEDGE (FUTURES FIXED) TO ARRIVE GRAIN PURCHASE CONTRACT 00001 This is an agreement that the Seller (Seller’s Name) of on (Seller’s Address) (Date) has sold and agreed to deliver to the Buyer, (Company Name) at a net quantity of (bu. / cwt.) (Buyer’s Address) of U.S. of at (% Protein) (% Moisture) at (Circle One) for delivery (Grade and Kind) (Commodity) (Delivery Location) . The purchase price has not yet been set by Seller. The purchase price will be the 1) Futures Contract price of (Specify Time Period for Delivery) for the Futures Contract on the (month/year) (CBOT/MGE/KCBT) (Amount) and 2) the “cash basis” at the xxxx Xxxxxx gives notice to Buyer to set the price. The cash basis will be the difference between the price of the Futures Contract and the cash price of the grain at destination for the designated arrival period in this contract at the xxxx Xxxxxx elects to set the purchase price. The cash basis could be a plus or minus figure at the time of pricing. Buyer will advance to Seller %(not to exceed 80%) of the market value of the grain upon completion of delivery. If the market value of the grain drops below 110% of the advance amount, partial repayment of the advance to maintain the 10% differential will be required from Seller. If Seller does not provide the required funds on short notice, this contract may be liquidated by Buyer, and Seller will be liable for any deficit. Settlement will be made to Seller when the cash price is fixed. Seller agrees to set the “cash basis” and thereby determine the purchase price of said grain on or before (Date) during regular trading hours of the Exchange. Unless other terms have been agreed upon prior to said date, Buyer is authorized to set the cash basis and the cash price of said contract if the grain has not been priced by Seller by said date. Seller shall pay Buyer a service charge equal to the greater of 1) cents per bushel or 2) cents per bushel per month or fraction thereof from delivery of the grain to the date that the cash price is set. The service charge shall be payable at the time the purchase price is determined.Authorized Signature(s)

Final and Complete Agreement. This contract shall represent the final, complete and exclusive statement of agreement between the parties and may not be modified, supplemented or waived, except in writing signed by both parties. North Dakota NoticeNORTH DAKOTA NOTICE: A ND Indemnity Fund Assessment of .2%(.002)of .2% (.002) of the value of grain covered by this contract may be deducted at settlement. NOTICE TO SELLER OF FINANCIAL RISK MINNESOTA - THIS CONTRACT CONSTITUTES A VOLUNTARY EXTENSION OF CREDIT. THIS CONTRACT IS NOT COVERED BY ANY GRAIN BUYER'S BOND ’S OR STORAGE BOND. MONTANA - IN THE INTHE EVENT OF FINANCIAL OFFINANCIAL INSOLVENCY, AMOUNTS OWING AFTER OWINGAFTER SURETY BOND PAYMENT, MAY RESULT IN AN UNSECURED OBLIGATION. THE SELLER IS HEREBY ADVISED OFTHE OF THE FINANCIAL RISK INVOLVEDWITHTHISTYPE OF RISKS INVOLVED INTHIS CONTRACT. NORTH DAKOTA - THIS CONTRACT IS NOT PROTECTED BY BOND COVERAGE IN THE INTHE EVENT OF BUYER’S INSOLVENCY. SOUTH DAKOTA - THIS CONTRACT IS NOT PROTECTED BY SOUTH DAKOTA STATUTORY BOND COVERAGES. Seller Date (AUTHORIZED SIGNATURE) DATE In witness whereof, the parties have signed this contract this day of (month), (year). FORM 2559 (Rev-1/10) BUYERBuyer: Date (Authorized Signature(sSignature) DATE PRICED: PRICE: BUSHELS: Seller: Date SELLER: (Authorized Signature(sSignature) Date THIS TEXT PRINTED ON THE PINK 3RD PART ONLY. DATE SCALE TKT. NO. BUSHELS DATE SCALE TKT. NO. BUSHELS SCALE TICKET SUMMARY FORM 2562 (Rev 5/10) 000,000 • Xxxxxx Xxxxxxx Co., Printers • Fergus Falls, MN • 1-800-346-4870 LOOSE TRIPLICATE SAMPLE HEDGE (FUTURES FIXED) TO ARRIVE GRAIN PURCHASE CONTRACT 00001 This is an agreement that the Seller (Seller’s Name) of on (Seller’s Address) (Date) has sold and agreed to deliver to the Buyer, (Company Name) at a net quantity of (bu. / cwt.) (Buyer’s Address) of U.S. of at (% Protein) (% Moisture) at (Circle One) for delivery (Grade and Kind) (Commodity) (Delivery Location) . The purchase price has not yet been set by Seller. The purchase price will be the 1) Futures Contract price of (Specify Time Period for Delivery) for the Futures Contract on the (month/year) (CBOT/MGE/KCBT) (Amount) and 2) the “cash basis” at the xxxx Xxxxxx gives notice to Buyer to set the price. The cash basis will be the difference between the price of the Futures Contract and the cash price of the grain at destination for the designated arrival period in this contract at the xxxx Xxxxxx elects to set the purchase price. The cash basis could be a plus or minus figure at the time of pricing. Buyer will advance to Seller %(not to exceed 80%) of the market value of the grain upon completion of delivery. If the market value of the grain drops below 110% of the advance amount, partial repayment of the advance to maintain the 10% differential will be required from Seller. If Seller does not provide the required funds on short notice, this contract may be liquidated by Buyer, and Seller will be liable for any deficit. Settlement will be made to Seller when the cash price is fixed. Seller agrees to set the “cash basis” and thereby determine the purchase price of said grain on or before (Date) during regular trading hours of the Exchange. Unless other terms have been agreed upon prior to said date, Buyer is authorized to set the cash basis and the cash price of said contract if the grain has not been priced by Seller by said date. Seller shall pay Buyer a service charge equal to the greater of 1) cents per bushel or 2) cents per bushel per month or fraction thereof from delivery of the grain to the date that the cash price is set. The service charge shall be payable at the time the purchase price is determined.4870