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