Common use of Off-Grade Product Clause in Contracts

Off-Grade Product. In the event off-grade Product is produced at the Biodiesel Facility that is not marketable at the Product Prices then in effect, REG, Inc. will nonetheless use its best efforts to sell such Product for Western Dubuque at the highest prices reasonably obtainable. With respect to biodiesel, and for purposes *** Confidential material redacted and filed separately with the Commission of this Agreement, off-grade Product shall include biodiesel which fails to meet the specifications contained in ASTM D6751 as it may be amended or modified (or such other standards for biodiesel as may in the future develop in the biodiesel industry) or if for any other reason a customer reasonably rejects biodiesel. With respect to Products other than biodiesel, for purposes of this Agreement, off-grade Product shall include Product which fails to meet specifications mutually agreed upon by the parties, or if for any other reason a customer reasonably rejects such Product. In the event off-grade Product is sold, REG, Inc. shall work to minimize any loss to Western Dubuque for returned Product, cost of cover, and related expenses. REG, Inc. shall advise Western Dubuque of Product complaints, and shall not accept the return of, or make any allowance with respect to any Product, without Western Dubuque’s prior written approval. REG, Inc. and Western Dubuque shall work together to determine the resolution of customer complaints and off-grade Product sales. Western Dubuque shall pay for any costs associated with resolution of customer complaints or returned Product, including freight costs, cover, and related expenses, unless such Product deficiencies were caused by the negligence or willful misconduct of REG, Inc., in which event REG, Inc. will be responsible for such costs. Except where caused by REG, Inc.’s negligence or willful misconduct, Western Dubuque agrees to indemnify REG, Inc. from any loss, claim or damage (including reasonable attorney fees) incurred as a result of the sale of off-grade Product. REG, Inc. agrees to credit against future payments owed by Western Dubuque under Section 3(C) herein an amount equal to *** times the number of gallons of biodiesel produced at Western Dubuque which failed at the time it was shipped from the Biodiesel Facility to meet the specifications then contained in ASTM D6751 as it may be amended or modified (or such other standards for biodiesel as may in the future develop in the biodiesel industry).

Off-Grade Product. In the event off-off grade Product is produced at the Biodiesel Facility that is not marketable at the Product Prices then in effect, REG, Inc. West Central will nonetheless use its best efforts to sell such Product for Western Dubuque SIBE at the highest prices reasonably obtainable. With respect to biodiesel, and for purposes *** Confidential material redacted and filed separately with the Commission of this Agreement, off-grade Product shall include biodiesel which fails to meet the specifications contained in ASTM D6751 as it may be amended or modified (or such other standards for biodiesel as may in the future develop in the biodiesel industry) or if for any other reason a customer reasonably rejects biodiesel. With respect to Products other than biodiesel, for purposes of this Agreement, off-grade Product shall include Product which fails to meet specifications mutually agreed upon by the parties, or if for any other reason a customer reasonably rejects such Product. In the event off-grade Product is sold, REG, Inc. West Central shall work to minimize any loss to Western Dubuque SIBE for returned Product, cost of cover, and related expenses. REG, Inc. West Central shall advise Western Dubuque SIBE of Product complaints, and shall not accept the return of, or make any allowance with respect to any Product, without Western DubuqueSIBE’s prior written approval. REG, Inc. West Central and Western Dubuque SIBE shall work together to determine the resolution of customer complaints and off-grade Product sales. Western Dubuque SIBE shall pay for any costs associated with resolution of customer complaints or returned Product, including freight costs, cover, reasonable attorney fees and related expenses, unless such Product deficiencies were caused by the negligence or willful misconduct of REG, Inc.West Central, in which event REG, Inc. West Central will be responsible for such costs. Except where caused by REG, Inc.West Central’s negligence or willful misconduct, Western Dubuque SIBE agrees to indemnify REG, Inc. West Central from any loss, claim or damage (including reasonable attorney fees) incurred as a result of the sale of off-grade Product. REG, Inc. agrees to credit against future payments owed by Western Dubuque under Section 3(C) herein an amount equal to *** times the number of gallons of biodiesel produced at Western Dubuque which failed at the time it was shipped from the Biodiesel Facility to meet the specifications then contained in ASTM D6751 as it may be amended or modified (or such other standards for biodiesel as may in the future develop in the biodiesel industry).

Off-Grade Product. In the event off-grade Product is produced at the Biodiesel Facility that is not marketable at the Product Prices then in effect, REG, Inc. will nonetheless use its best efforts to sell such Product for Western Dubuque at the highest prices reasonably obtainable. With respect to biodiesel, and for purposes *** Confidential material redacted and filed separately with the Commission of this Agreement, off-grade Product shall include biodiesel which fails to meet the specifications contained in ASTM D6751 as it may be amended or modified (or such other standards for biodiesel as may in the future develop in the biodiesel industry) or if for any other reason a customer reasonably rejects biodiesel. With respect to Products other than biodiesel, for purposes of this Agreement, off-grade Product shall include Product which fails to meet specifications mutually agreed upon by the parties, or if for any other reason a customer reasonably rejects such Product. In the event off-grade Product is sold, REG, Inc. shall work to minimize any loss to Western Dubuque for returned Product, cost of cover, and related expenses. REG, Inc. shall advise Western Dubuque of Product complaints, and shall not accept the return of, or make any allowance with respect to any Product, without Western Dubuque’s prior written approval. REG, Inc. and Western Dubuque shall work together to determine the resolution of customer complaints and off-grade Product sales. Western Dubuque shall pay for any costs associated with resolution of customer complaints or returned Product, including freight costs, cover, and related expenses, unless such Product deficiencies were caused by the negligence or willful misconduct of REG, Inc., in which event REG, Inc. will be responsible for such costs. Except where caused by REG, Inc.’s negligence or willful misconduct, Western Dubuque agrees to indemnify REG, Inc. from any loss, claim or damage (including reasonable attorney fees) incurred as a result of the sale of off-grade Product. REG, Inc. agrees to credit against future payments owed by Western Dubuque under Section 3(C) herein an amount equal to *** 5.7 ¢ times the number of gallons of biodiesel produced at Western Dubuque which failed at the time it was shipped from the Biodiesel Facility to meet the specifications then contained in ASTM D6751 as it may be amended or modified (or such other standards for biodiesel as may in the future develop in the biodiesel industry).

Off-Grade Product. In the event off-grade Product is produced at the Biodiesel Facility that is not marketable at the Product Prices then in effect, REG, Inc. will nonetheless use its best efforts to sell such Product for Western Dubuque Iowa Renewable Energy at the highest prices reasonably obtainable. With respect to biodiesel, and for purposes *** Confidential material redacted and filed separately with the Commission of this Agreement, off-grade Product shall include biodiesel which fails to meet the specifications contained in ASTM D6751 as it may be amended or modified (or such other standards for biodiesel as may in the future develop in the biodiesel industry) or if for any other reason a customer reasonably rejects biodiesel. With respect to Products other than biodiesel, for purposes of this Agreement, off-grade Product shall include Product which fails to meet specifications mutually agreed upon by the parties, or if for any other reason a customer reasonably rejects such Product. In the event off-grade Product is sold, REG, Inc. shall work to minimize any loss to Western Dubuque Iowa Renewable Energy for returned Product, cost of cover, and related expenses. REG, Inc. shall advise Western Dubuque Iowa Renewable Energy of Product complaints, and shall not accept the return of, or make any allowance with respect to any Product, without Western DubuqueIowa Renewable Energy’s prior written approval. REG, Inc. and Western Dubuque Iowa Renewable Energy shall work together to determine the resolution of customer complaints and off-grade Product sales. Western Dubuque Iowa Renewable Energy shall pay for any costs associated with resolution of customer complaints or returned Product, including freight costs, cover, and related expenses, unless such Product deficiencies were caused by the negligence or willful misconduct of REG, Inc., in which event REG, Inc. will be responsible for such costs. Except where caused by REG, Inc.’s negligence or willful misconduct, Western Dubuque Iowa Renewable Energy agrees to indemnify REG, Inc. from any loss, claim or damage (including reasonable attorney fees) incurred as a result of the sale of off-grade Product. REG, Inc. agrees to credit against future payments owed by Western Dubuque Iowa Renewable Energy under Section 3(C) herein an amount equal to *** 5.7¢ times the number of gallons of biodiesel produced at Western Dubuque Iowa Renewable Energy which failed at the time it was shipped from the Biodiesel Facility to meet the specifications then contained in ASTM D6751 as it may be amended or modified (or such other standards for biodiesel as may in the future develop in the biodiesel industry).

Off-Grade Product. In the event off-grade Product is produced at the Biodiesel Facility that is not marketable at the Product Prices then in effect, REG, Inc. will nonetheless use its best efforts to sell such Product for Western Dubuque Central Iowa Energy at the highest prices reasonably obtainable. With respect to biodiesel, and for purposes *** Confidential material redacted and filed separately with the Commission of this Agreement, off-grade Product shall include biodiesel which fails to meet the specifications contained in ASTM D6751 as it may be amended or modified (or such other standards for biodiesel as may in the future develop in the biodiesel industry) or if for any other reason a customer reasonably rejects biodiesel. With respect to Products other than biodiesel, for purposes of this Agreement, off-grade Product shall include Product which fails to meet specifications mutually agreed upon by the parties, or if for any other reason a customer reasonably rejects such Product. In the event off-grade Product is sold, REG, Inc. shall work to minimize any loss to Western Dubuque Central Iowa Energy for returned Product, cost of cover, and related expenses. REG, Inc. shall advise Western Dubuque Central Iowa Energy of Product complaints, and shall not accept the return of, or make any allowance with respect to any Product, without Western DubuqueCentral Iowa Energy’s prior written approval. REG, Inc. and Western Dubuque Central Iowa Energy shall work together to determine the resolution of customer complaints and off-grade Product sales. Western Dubuque Central Iowa Energy shall pay for any costs associated with resolution of customer complaints or returned Product, including freight costs, cover, and related expenses, unless such Product deficiencies were caused by the negligence or willful misconduct of REG, Inc., in which event REG, Inc. will be responsible for such costs. Except where caused by REG, Inc.’s negligence or willful misconduct, Western Dubuque Central Iowa Energy agrees to indemnify REG, Inc. from any loss, claim or damage (including reasonable attorney fees) incurred as a result of the sale of off-grade Product. REG, Inc. agrees to credit against future payments owed by Western Dubuque Central Iowa Energy under Section 3(C) herein an amount equal to *** 5.7¢ times the number of gallons of biodiesel produced at Western Dubuque Central Iowa Energy which failed at the time it was shipped from the Biodiesel Facility to meet the specifications then contained in ASTM D6751 as it may be amended or modified (or such other standards for biodiesel as may in the future develop in the biodiesel industry).