Common use of Notice to Proceed; Commencement Clause in Contracts

Notice to Proceed; Commencement. The Work shall commence within five (5) Days of Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s Notice to Proceed cannot be given until: (1) Owner has title to the real estate on which the Project will be constructed; (2) the Phase I and Phase II Site work required of Owner, as described in Exhibit L is completed along with redline drawings and such Phase I and Phase II Site work and redline drawings have been reviewed and deemed adequate by Design-Builder; (3) the air permit(s) and/or other applicable local, state or federal permits necessary so that construction can begin, as listed on Exhibit G, have been obtained; (4) Owner has obtained Financial Closing pursuant to Section 4.3; (5) if applicable, Owner has executed a sales tax exemption certificate and provided the same to Design-Builder; (6) Owner has provided the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) Owner has provided an insurance certificate or copy of insurance policy demonstrating that Owner has obtained builder’s risk insurance pursuant to Section 17.4.3 hereof, and (8) Design-Builder provides Owner written notification of its acceptance of the Notice to Proceed, provided that Design-Builder shall not be required to accept the Notice to Proceed prior to March 26, 2007. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Owner must complete the prerequisites to the issuance of a valid Notice to Proceed, as listed in items number (1) through (7) of this Section 6.2 and submit a Notice to Proceed to Design-Builder for Design-Builder’s acceptance by March 26, 2007; otherwise this Agreement may be terminated, at Design-Builder’s sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.

Notice to Proceed; Commencement. The Work shall commence within five (5) Days of Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s Notice to Proceed cannot be given until: (1) Owner has title to the real estate on which the Project will be constructed; (2) the Phase I and Phase II Site work required of Owner, as described in Exhibit L is completed along with redline drawings and such Phase I and Phase II Site work and redline drawings have been reviewed and deemed adequate by Design-Builder; (3) the air permit(s) and/or other applicable local, state or federal permits necessary so that construction can begin, as listed on Exhibit G, have been obtained; (4) Owner has obtained Financial Closing pursuant to Section 4.3; (5) if applicable, Owner has executed a sales tax exemption certificate and provided the same to Design-Builder; (6) Owner has provided the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) Owner has provided an insurance certificate or copy of insurance policy demonstrating that Owner has obtained builder’s risk insurance pursuant to Section 17.4.3 hereof, and (8) Design-Builder provides Owner written notification of its acceptance of the Notice to Proceed, provided that Design-Builder shall not be required to accept the Notice to Proceed prior to March 26, 2007as set forth in Section 6.2.1 below. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Owner Design-Builder must complete the prerequisites to the issuance of receive a valid Notice to Proceed, as listed in items number (1) through (7) of this Section 6.2 and submit a Owner’s Notice to Proceed to Design-Builder for Design-Builder’s acceptance by March 26within one hundred and eighty (180) Days of the Effective Date; otherwise, 2007; otherwise this Agreement may be terminated, at Design-Builder’s sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.

Notice to Proceed; Commencement. The Work shall commence within five ten (510) Days of Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s Notice to Proceed cannot be given until: (1) Owner has title to the real estate on which the Project will be constructed; (2) the Phase I Site work required of Owner and a sufficient portion of the Phase II Site work required of Owner, each as described in Exhibit L is completed along with Exhibits C and L, have been completed, at Design-Builder’s reasonable determination, so as to permit Design-Builder to commence construction, and all relevant redline drawings and for such completed Phase I and Phase II Site work and redline drawings have been reviewed provided by Owner and deemed adequate by Design-Builder; (3) Owner has executed side-letter agreements with Design-Builder for the construction of the required water pre-treatment system and fire protection system in accordance with Exhibit C; (4) the air permit(s) and/or other applicable local, state or federal permits necessary so that construction can begin, as listed on Exhibit G, have been obtained; (45) Owner has obtained Financial Closing and delivered a certificate of financial closing executed by Owner and Lenders in the form attached hereto as Exhibit P pursuant to Section 4.3; (56) if applicable, Owner has executed a sales tax exemption certificate and provided the same to Design-Builder; (67) Owner has provided the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) 8) Owner has has, in accordance with Section 17.4.5, provided an insurance certificate certificates or copy copies of insurance policy policies demonstrating that Owner has obtained builder’s risk the insurance policies required pursuant to Section 17.4.3 hereof17.4 hereof and naming additional insureds and protecting other interests as prescribed in Section 17.4, and (8) 9) Design-Builder provides Owner written notification of its acceptance of the Notice to Proceed, provided that Design-Builder shall not be required to accept the Notice to Proceed prior to March 26, 2007. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Owner must complete the prerequisites to the issuance of a valid Notice to Proceed, as listed in items number (1) through (7) 8) of this Section 6.2 and submit a Notice to Proceed to Design-Builder for Design-Builder’s acceptance by March 26December 31, 2007; otherwise otherwise, this Agreement may be terminated, at Design-Builder’s sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.. One Earth Energy, LLC May 17, 2007

Notice to Proceed; Commencement. The Work shall commence within five (5) Days of Design-Builder’s 's receipt of Owner’s 's written valid notice to proceed (“"Notice to Proceed”") unless the Parties parties mutually agree otherwise in writing. The Parties parties agree that a valid Owner’s 's Notice to Proceed cannot be given until: (prior to March 1) Owner has title , 2006 unless prior to the real estate on which the Project will be constructed; (2) the Phase I and Phase II Site work required of Ownerthat date, as described in Exhibit L is completed along with redline drawings and such Phase I and Phase II Site work and redline drawings have been reviewed and deemed adequate by Design-Builder; (3) the air permit(s) and/or other applicable local, state or federal permits necessary so that construction can begin, as listed on Exhibit G, have been obtained; (4) Owner has obtained Financial Closing pursuant to Section 4.3; (5) if applicable, Owner has executed a sales tax exemption certificate and provided the same to Design-Builder; (6) Owner has provided the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) Owner has provided an insurance certificate or copy of insurance policy demonstrating that Owner has obtained builder’s risk insurance pursuant to Section 17.4.3 hereof, and (8) Design-Builder provides has delivered a written notice to Owner written notification of its acceptance of the Notice to Proceed, provided informing Owner that Design-Builder shall not be required is ready to accept the a Notice to Proceed prior and to March 26commence Work. The parties further agree that a valid Owner's Notice to Proceed cannot be given unless; **. --------------- The "**" marks the location of information that has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. Green Plains Renewable Energy, 2007. Inc. January 13, 2006 Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Owner Design-Builder must complete the prerequisites to the issuance of receive a valid Owner's Notice to ProceedProceed no later than 180 days from the Effective Date; otherwise, as listed in items number (1) through (7) of this Section 6.2 and submit unless the failure to deliver a Notice to Proceed is due solely to Design-Builder for the actions of Design-Builder’s acceptance by March 26, 2007; otherwise the Contract Price referred to in Section 9.1 shall be subject to a price increase, or this Agreement may be terminatedshall terminate, either at Design-Builder’s 's sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.

Notice to Proceed; Commencement. The Work shall commence within five (5) Days of Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s Notice to Proceed cannot be given until: (1) Owner has title to the real estate on which the Expansion Project will be constructed; (2) the Phase I and Phase II preliminary Site work required of Owner, as described in Exhibit L C is completed along with redline drawings and such Phase I and Phase II preliminary Site work and redline drawings have been reviewed and deemed adequate by Design-Builder; (3) the air permit(s) and/or other applicable local, state or federal permits necessary so that construction can begin, as listed on Exhibit G, have been obtained; (4) Owner has obtained Financial Closing pursuant to Section 4.3; (5) if applicable, Owner has executed a sales tax exemption certificate and provided the same to Design-Builder; (6) Owner has provided the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) Owner has provided an insurance certificate or copy of insurance policy demonstrating that Owner has obtained builder’s risk insurance pursuant to Section 17.4.3 hereof, ; and (8) Design-Builder provides Owner written notification of its acceptance of the Notice to Proceed, provided that Design-Builder shall not be required to accept the Notice to Proceed prior to March 26, 2007. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Owner Design-Builder must complete the prerequisites to the issuance of receive a valid Notice to Proceed, as listed in items number (1) through (7) of this Section 6.2 and submit a Owner’s Notice to Proceed to Design-Builder for Design-Builder’s acceptance by March 26within one hundred and eighty (180) Days of the Effective Date; otherwise, 2007; otherwise this Agreement may be terminated, terminated at Design-Builder’s sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder. *Portions omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.

Notice to Proceed; Commencement. The Work shall commence within five (5) Days of Design-Builder’s 's receipt of Owner’s 's written valid notice to proceed (“"Notice to Proceed”") unless the Parties parties mutually agree otherwise in writing. The Parties parties agree that a valid Owner’s 's Notice to Proceed cannot be given until: (prior to March 1) Owner has title , 2006 unless prior to the real estate on which the Project will be constructed; (2) the Phase I and Phase II Site work required of Ownerthat date, as described in Exhibit L is completed along with redline drawings and such Phase I and Phase II Site work and redline drawings have been reviewed and deemed adequate by Design-Builder; (3) the air permit(s) and/or other applicable local, state or federal permits necessary so that construction can begin, as listed on Exhibit G, have been obtained; (4) Owner has obtained Financial Closing pursuant to Section 4.3; (5) if applicable, Owner has executed a sales tax exemption certificate and provided the same to Design-Builder; (6) Owner has provided the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) Owner has provided an insurance certificate or copy of insurance policy demonstrating that Owner has obtained builder’s risk insurance pursuant to Section 17.4.3 hereof, and (8) Design-Builder provides has delivered a written notice to Owner written notification of its acceptance of the Notice to Proceed, provided informing Owner that Design-Builder shall not be required is ready to accept the a Notice to Proceed prior and to March 26commence Work. The parties further agree that a valid Owner's Notice to Proceed cannot be given unless; **. ------------- The "**" marks the location of information that has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. Green Plains Renewable Energy, 2007. Inc. January 13, 2006 Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Owner Design-Builder must complete the prerequisites to the issuance of receive a valid Owner's Notice to ProceedProceed no later than 180 days from the Effective Date; otherwise, as listed in items number (1) through (7) of this Section 6.2 and submit unless the failure to deliver a Notice to Proceed is due solely to Design-Builder for the actions of Design-Builder’s acceptance by March 26, 2007; otherwise the Contract Price referred to in Section 9.1 shall be subject to a price increase, or this Agreement may be terminatedshall terminate, either at Design-Builder’s 's sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.

Notice to Proceed; Commencement. The Work shall commence within five (5) Days of Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s Notice to Proceed cannot be given until: (1) Owner has title to the real estate on which the Project will be constructed; (2) the Phase I and Phase II Site work required of Owner, as described in Exhibit L is completed along with redline drawings and such Phase I and Phase II Site work and redline drawings have been reviewed and deemed adequate by Design-Builder; (3) the air permit(s) and/or other applicable local, state or federal permits necessary so that construction can begin, as listed on Exhibit G, have been obtained; (4) Owner has obtained Financial Closing pursuant to Section 4.3; (5) if applicable, Owner has executed a sales tax exemption certificate and provided the same to Design-Builder; (6) Owner has provided the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) Owner has provided an insurance certificate or copy of insurance policy demonstrating that Owner has obtained builder’s risk insurance pursuant to Section 17.4.3 hereof, and (8) Design-Builder provides Owner written notification of its acceptance of the Notice to Proceed, provided that Design-Builder shall not be required to accept the Notice to Proceed prior to March 26October 8, 2007. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Owner must complete the prerequisites to the issuance of a valid Notice to Proceed, as listed in items number (1) through (7) of this Section 6.2 and submit a Notice to Proceed to Design-Builder for Design-Builder’s acceptance by March 26October 15, 2007; otherwise otherwise, this Agreement may be terminated, at Design-Builder’s sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.

Notice to Proceed; Commencement. The Work shall commence within five (5) Days of Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s Notice to Proceed cannot be given until: (1) Owner has title to the real estate on which the Project will be constructed; (2) the Phase I and Phase II Site work required of Owner, as described in Exhibit L is completed along with redline drawings and such Phase I and Phase II Site work and redline drawings have been reviewed and deemed adequate by Design-Builder; (3) the air permit(s) and/or other applicable local, state or federal permits necessary so that construction can begin, as listed on Exhibit G, have been obtained; (4) Owner has obtained Financial Closing pursuant to Section 4.3; (5) if applicable, Owner has executed a sales tax exemption certificate and provided the same to Design-Builder; (6) Owner has provided the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) Owner has provided an insurance certificate or copy of insurance policy demonstrating that Owner has obtained builder’s risk insurance pursuant to Section 17.4.3 hereof, and (8) Design-Builder provides Owner written notification of its acceptance of the Notice to Proceed. Provided that Owner has fulfilled all of the requirements listed in (1) through (7) above to Design-Builder’s satisfaction, provided that Design-Builder shall accept Notice to Proceed no later than January 31, 2007. Notwithstanding the foregoing, Design-Builder shall not be required to accept the Notice to Proceed prior to March 26January 29, 2007. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Owner Design-Builder must complete the prerequisites to the issuance of receive a valid Notice to Proceed, as listed in items number (1) through (7) of this Section 6.2 and submit a Owner’s Notice to Proceed to Design-Builder for Design-Builder’s acceptance by March 26no later than April 30, 2007; otherwise otherwise, this Agreement may be terminated, at Design-Builder’s sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.

Notice to Proceed; Commencement. The Work shall commence within five (5) Days of Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s Notice to Proceed cannot be given until: (1) Owner has title to the real estate on which the Project will be constructed; (2) the Phase I and Phase II Site work required of Owner, as described in Exhibit L is completed sufficiently completed, at Design-Builder’s reasonable determination, so as to permit Design-Builder to commence construction along with redline drawings and such Phase I and Phase II Site work and redline drawings have been reviewed by Owner and deemed adequate by Design-Builder; (3) the air permit(s) and/or other applicable local, state or federal Cardinal Ethanol, LLC December 14, 2006 permits necessary so that construction can begin, as listed on Exhibit G, have been obtained; (4) Owner has obtained Financial Closing pursuant to Section 4.3; (5) if applicable, Owner has executed a sales tax exemption certificate and provided the same to Design-Builder; (6) Owner has provided the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) Owner has provided an insurance certificate or copy of insurance policy demonstrating that Owner has obtained builder’s risk insurance pursuant to Section 17.4.3 hereof, and (8) Design-Builder provides Owner written notification of its acceptance of the Notice to Proceed, provided that Design-Builder shall not be required to accept the Notice to Proceed prior to March 26April 30, 2007. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Owner must complete the prerequisites to the issuance of a valid Notice to Proceed, as listed in items number (1) through (7) of this Section 6.2 and submit a Notice to Proceed to Design-Builder for Design-Builder’s acceptance by March 26April 30, 2007; otherwise otherwise, this Agreement may be terminated, at Design-Builder’s sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.

Notice to Proceed; Commencement. The Work shall commence within five (5) Days of Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s Notice to Proceed cannot be given until: (1) Owner has title to the real estate on which the Project project will be constructed; (2) the Phase I and Phase II Site work required of Owner, as described in Exhibit L C is completed along with redline drawings and such Phase I and Phase II Site work and redline drawings have been reviewed and deemed adequate by Design-Builder; (3) the air permit(s) and/or other applicable local, state or federal permits necessary so that construction can begin, as listed on Exhibit G, have been obtained; (4) Owner demonstrates it has obtained Financial Closing pursuant the financial resources to construct the project and, to the extent applicable, has proceeded in accordance with Section 4.3; (5) if applicable, Owner has executed a shall execute any applicable sales tax exemption certificate and provided the same provide to Design-Builder; and (6) Owner has provided shall provide the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) Owner has provided an insurance certificate or copy of insurance policy demonstrating that Owner has obtained builder’s risk insurance pursuant to Section 17.4.3 hereof, and (8) Design-Builder provides Owner written notification of its acceptance of the Notice to Proceed, provided that Design-Builder shall not be required to accept the Notice to Proceed prior to March 26, 2007. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Design-Builder must receive a valid Owner’s Notice to Proceed within one hundred and eighty (180) Days of the Effective Date; otherwise, the Contract Price referred to in Section 9.1 is subject to a price increase. If Owner must complete the prerequisites fails to the issuance of deliver a valid Notice to ProceedProceed on or before the date one hundred and eighty (180) Days after the Effective Date, as listed in items number (1) through (7) of this Section 6.2 and submit a Notice to Proceed to Design-Builder for Design-Builder’s acceptance by March 26, 2007; otherwise this Agreement may be terminated, at Design-Builder’s sole option. If Design-Builder chooses to shall terminate this Agreement pursuant to its right under the immediately preceding sentence, then and Design-Builder shall have no further obligations hereunder.

Notice to Proceed; Commencement. The Work shall commence within five (5) Days of Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s Notice to Proceed cannot be given until: (1) Owner has title to the real estate on which the Project will be constructed; (2) the Phase I and Phase II Site work required of Owner, as described in Exhibit L is completed along with redline drawings and such Phase I and Phase II Site work and redline drawings have been reviewed and deemed adequate by Design-Builder; (3Builder;(3) the air permit(s) and/or other applicable local, state or federal permits necessary so that construction can begin, as listed on Exhibit G, have been obtained; (4) Owner has obtained Financial Closing pursuant to Section 4.3; (5) if applicable, Owner has executed a sales tax exemption certificate and provided the same to Design-Builder; (6) Owner has provided the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) Owner has provided an insurance certificate or copy of insurance policy demonstrating that Owner has obtained builder’s risk insurance pursuant to Section 17.4.3 hereof, and (8) Design-Builder provides Owner written notification of its acceptance of the Notice to Proceed, provided that Design-Builder shall not be required to accept the Notice to Proceed prior to March 26October 8, 2007. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Owner must complete the prerequisites to the issuance of a valid Notice to Proceed, as listed in items number (1) through (7) of this Section 6.2 and submit a Notice to Proceed to Design-Builder for Design-Builder’s acceptance by March 26October 15, 2007; otherwise otherwise, this Agreement may be terminated, at Design-Builder’s sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.

Notice to Proceed; Commencement. The Work shall commence within five (5) Days of Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s Notice to Proceed cannot be given until: (1) Owner has title to the real estate on which the Project will be constructed; (2) the Phase I and Phase II Site work required of Owner, as described in Exhibit L is completed along with redline drawings and such Phase I and Phase II Site work and redline drawings have been reviewed and deemed adequate by Design-Builder; (3) the air permit(s) and/or other applicable local, state or federal permits necessary so that construction can begin, as listed on Exhibit G, have been obtained; (4) Owner has obtained Financial Closing pursuant to Section 4.3; (5) if applicable, Owner has executed a sales tax exemption certificate and provided the same to Design-Builder; (6) Owner has provided the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) Owner has provided an insurance certificate or copy of insurance policy demonstrating that Owner has obtained builder’s risk insurance pursuant to Section 17.4.3 hereof, and (8) Design-Builder provides Owner written notification of its acceptance of the Notice to Proceed, provided that Design-Builder Proceed which Notice to Proceed shall not be required to accept the Notice to Proceed given prior to March 26October 1, 20072006. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Owner Design-Builder must complete the prerequisites to the issuance of receive a valid Notice to Proceed, as listed in items number (1) through (7) of this Section 6.2 and submit a Owner’s Notice to Proceed to Design-Builder for Design-Builder’s acceptance by March 26within one hundred and eighty (180) Days of the Effective Date; otherwise, 2007; otherwise this Agreement may be terminated, at Design-Builder’s sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.

Notice to Proceed; Commencement. The Work shall commence within five (5) Days of Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s Notice to Proceed cannot be given until: (1) Owner has title to the real estate on which the Project will be constructed; (2) the Phase I Site work required of Owner and a sufficient portion of the Phase II Site work required of Owner, each as described in Exhibit L is completed along with Exhibits C and L, have First United Ethanol, LLC November 16, 2006 been completed, at Design-Builder’s reasonable determination, so as to permit Design-Builder to commence construction, and all relevant redline drawings and for such completed Phase I and Phase II Site work and redline drawings have been reviewed provided by Owner and deemed adequate by Design-Builder; (3) the air permit(s) and/or other applicable local, state or federal permits necessary so that construction can begin, as listed on Exhibit G, have been obtained; (4) Owner has obtained Financial Closing pursuant to Section 4.3; (5) if applicable, Owner has executed a sales tax exemption certificate and provided the same to Design-Builder; (6) Owner has provided the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) Owner has provided an insurance certificate or copy of insurance policy demonstrating that Owner has obtained builder’s risk insurance pursuant to Section 17.4.3 hereof, and (8) Design-Builder provides Owner written notification of its acceptance of the Notice to Proceed, provided that Design-Builder Proceed which Notice to Proceed shall not be required to accept the Notice to Proceed given prior to March 26January 3, 2007. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Owner Design-Builder must complete the prerequisites to the issuance of receive a valid Notice to Proceed, as listed in items number (1) through (7) of this Section 6.2 and submit a Owner’s Notice to Proceed to Design-Builder for Design-Builder’s acceptance by March 26April 3, 2007; otherwise otherwise, this Agreement may be terminated, at Design-Builder’s sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.

Notice to Proceed; Commencement. The Work shall commence within five (5) Days of following Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s Notice to Proceed cannot be given until: (1) Owner has title to the real estate on which the Project will be constructed; (2) Owner completes, to Design-Builder’s satisfaction, the Phase I and Phase II Site work required of Ownerincluding temporary power, potable water, ditches cut, and storm drains in, either fermentation or process area must have geopiers installed, if required, tile must be put in as described in Exhibit L is completed along with redline drawings required, and such Phase I parking lots, grains areas, construction trailer areas, covered aggregate roads and Phase II Site work laydown areas must be provided per Design-Builder’s specifications, and redline drawings have been reviewed and deemed adequate by Design-Builder; (3) Owner has executed side-letter agreements with Design-Builder for the construction of the required water pre-treatment system and fire protection system in accordance with Exhibit C; (4) the air permit(s) and/or other applicable local, state or federal permits necessary so that construction can begin, as listed on Exhibit G, have been obtained; (45) Owner has obtained Financial Closing and delivered a certificate of financial closing executed by Owner and Lenders in the form attached hereto as Exhibit P pursuant to Section 4.3; (56) if applicable, Owner has executed a sales tax exemption certificate and provided the same to Design-Builder; (67) Owner has provided the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) 8) Owner has has, in accordance with Section 17.4.5, provided an insurance certificate certificates or copy copies of insurance policy policies demonstrating that Owner has obtained builder’s risk the insurance policies required pursuant to Section 17.4.3 hereof17.4 hereof and naming additional insureds and protecting other interests as prescribed in Section 17.4, and (8) 9) Design-Builder provides Owner written notification of its acceptance of the Notice to Proceed, provided that Design-Builder shall not be required to accept the Notice to Proceed prior to March 26, 2007. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Owner must complete the prerequisites to the issuance of a valid Notice to Proceed, as listed in items number (1) through (7) 8) of this Section 6.2 and submit submitted a Notice to Proceed Proceed, to Design-Builder for Design-Builder’s acceptance by March 26December 31, 2007; otherwise otherwise, this Agreement may be terminated, at Design-Builder’s sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.

Notice to Proceed; Commencement. The Work shall commence within five (5) Days of following Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s Notice to Proceed cannot be given until: (1) Owner has title to the real estate on which the Project will be constructed; (2) the Phase I and Phase II Site work required of Owner, as described in Exhibit L is completed along with redline drawings and such Phase I and Phase II Site work and redline drawings have been reviewed and deemed adequate by Design-Builder; (3) Owner has executed side-letter agreements with Design-Builder for the construction of the required water pre-treatment system and fire protection system in accordance with Exhibit C; (4) the air permit(s) and/or other applicable local, state or federal permits necessary so that construction can begin, as listed on Exhibit G, have been obtained; (45) Owner has obtained Financial Closing and delivered a certificate of financial closing executed by Owner and Lenders in the form attached hereto as Exhibit P pursuant to Section 4.3; (56) if applicable, Owner has executed a sales tax exemption certificate and provided the same to Design-Builder; (67) Owner has provided the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) 8) Owner has has, in accordance with Section 17.4.5, provided an insurance certificate certificates or copy copies of insurance policy policies demonstrating that Owner has obtained builder’s risk the insurance policies required pursuant to Section 17.4.3 hereof17.4 hereof and naming additional insureds and protecting other interests as prescribed in Section 17.4, and (8) 9) Design-Builder provides Owner written notification of its acceptance of the Notice to Proceed, provided that Design-Builder shall not be required to accept the Notice to Proceed prior to March 26August 27, 2007. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Owner must complete the prerequisites to the issuance of a valid Notice to Proceed, as listed in items number (1) through (7) 8) of this Section 6.2 and submit submitted a Notice to Proceed Proceed, to Design-Builder for Design-Builder’s acceptance by March 26August 27, 2007; otherwise otherwise, this Agreement may be terminated, at Design-Builder’s sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.

Notice to Proceed; Commencement. The Work shall commence within five (5) Days of Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties parties mutually agree otherwise in writing. The Parties parties agree that a valid Owner’s Notice to Proceed cannot be given until: (1) Owner has title to the real estate on which the Project project will be constructed; (2) the Phase I and Phase II Site site work required of Owner, as described in Exhibit L “C” is completed along with redline drawings and such Phase I and Phase II Site work sufficiently completed, at Design-Builder’s reasonable determination, so as to permit Design-Builder to commence construction, and all relevant redline drawings have been reviewed provided by Owner and deemed adequate by Design-Builder; (3) the air permit(s) and/or other applicable local, state or federal permits necessary so that construction can begin, as listed on Exhibit G, have been obtained; (4) Owner has obtained Financial Closing pursuant to Section 4.3; (5) if applicable, Owner has executed a sales tax exemption certificate and provided the provide same to Design-Builder; (6) Owner has provided the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) Owner has provided an insurance certificate or copy of insurance policy demonstrating that Owner has obtained builder’s risk insurance pursuant to Section 17.4.3 hereof, and (8) Design-Builder provides Owner written notification of its acceptance of the Notice to Proceed, provided that Design-Builder shall not be required to accept the Notice to Proceed prior to March 26, 2007. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Owner Design-Builder must complete the prerequisites to the issuance of receive a valid Notice to Proceed, as listed in items number (1) through (7) of this Section 6.2 and submit a Owner’s Notice to Proceed to Design-Builder for Design-Builder’s acceptance by March 26within one hundred and eighty (180) Days of the Effective Date; otherwise, 2007; otherwise this Agreement may be terminated, at Design-Builder’s sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.

Notice to Proceed; Commencement. The Work shall commence within five (5) Days of Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s Notice to Proceed cannot be given until: (1) Owner has title to the real estate on which the Expansion Project will be constructed; (2) the Phase I Site work required of Owner and a sufficient portion of the Phase II Site work required of Owner, each as described in Exhibit L is completed along with Exhibits C and L, have been completed, at Design-Builder’s reasonable determination, so as to permit Design-Builder to commence construction, and all relevant redline drawings and for such completed Phase I and Phase II Site work and redline drawings have been reviewed provided by Owner and deemed adequate by Design-Builder; (3) the air permit(s) and/or other applicable local, state or federal permits necessary so that construction can begin, as listed on Exhibit G, have been obtained; (4) Owner demonstrates it has obtained the financial resources to construct the project and it appears reasonable that Financial Closing and the issuance of an officer’s certificate pursuant to Section 4.34.3 will occur within sixty (60) days of the issuance of Notice to Proceed; (5) if applicable, Owner has executed a sales tax exemption certificate and provided the same to Design-Builder; (6) Owner has provided the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) Owner has provided an insurance certificate or copy of insurance policy demonstrating that Owner has obtained builder’s risk insurance pursuant to Section 17.4.3 hereof, ; and (8) Design-Builder provides Owner written notification of its acceptance of the Notice to Proceed, provided that Design-Builder shall not be required to accept the Notice to Proceed prior to March 26, 2007. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Owner Design-Builder must complete the prerequisites to the issuance of receive a valid Notice to Proceed, as listed in items number (1) through (7) of this Section 6.2 and submit a Owner’s Notice to Proceed to Design-Builder for Design-Builder’s acceptance by March 26within one hundred and eighty (180) Days of the Effective Date; otherwise, 2007; otherwise this Agreement may be terminated, terminated at Design-Builder’s sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.