Common use of OPEN CONTRACTS Clause in Contracts

OPEN CONTRACTS. Upon the termination of this Agreement, for whatever reason, EKAE shall assume and be responsible for delivering any remaining quantities of Distiller's Grains required to be delivered by UBEI to its customers pursuant to UBEI's contracts with the same, provided such contracts are to be delivered by UBEI from the Plant. Prior to the termination of this Agreement, UBEI shall provide EKAE with a listing of all such contracts and the quantities of Distiller's Grains to be delivered pursuant to the same to assist EKAE in completing deliveries under these open contracts. EKAE agrees to assist UBEI in the collection of amounts owed to UBEI from those customers receiving deliveries of Distiller's Grains from UBEI prior to the termination of this Agreement.

OPEN CONTRACTS. Upon the termination of this Agreement, for whatever reason, EKAE shall assume and be responsible for delivering any remaining quantities of Distiller's Grains Ethanol required to be delivered by UBEI UBEF to its customers pursuant to UBEIUBEF's contracts with the same, provided such contracts are to be delivered by UBEI UBEF from the Plant. Prior to the termination of this Agreement, UBEI UBEF shall provide EKAE with a listing of all such contracts and the quantities of Distiller's Grains Ethanol to be delivered pursuant to the same to assist EKAE in completing deliveries under these open contracts. EKAE agrees to assist UBEI UBEF in the collection of amounts owed to UBEI UBEF from those customers receiving deliveries of Distiller's Grains Ethanol from UBEI UBEF prior to the termination of this Agreement.