Process Guarantee Sample Clauses

Process Guarantee. CVP guarantees that during the performance test described in Article 6 (the “Performance Test”), the Plant will process fresh substrate charge to produce corn germ, corn fiber, corn protein concentrate, CO2, and “anhydrous alcohol,” according to the specifications set forth in Schedule C attached hereto (the “Process Guarantee”). CVP acknowledges that, during the initial Start-up, the Plant will temporarily produce HI-PRO DDGS which will have similar specifications to the DDGS being produced currently by BSE, however, such temporary production of HI-PRO DDGS is not part of the Process Guarantee or the Performance Test. In the event that the Plant does not, during the Performance Test, meet or exceed the Process Guarantee, then CVP covenants and agrees to take any reasonable action necessary, at its own expense, to modify or adjust the Project such that the Process Guarantee is met. CVP hereby represents and warrants that the Project as contemplated by the Core Agreements shall not adversely effect the Plant’s current operations including the production of ethanol or carbon dioxide (including, without limitation, causing the Plant to cease operations at any one time for more than 72 hours in aggregate). As BSE’s sole and exclusive remedy, should the Plant not meet the Process Guarantee at the conclusion of the last of the Performance Tests permitted under Article 6 hereof, subject to the parameters set forth in Schedule D hereto, due to material fault of CVP, CVP shall, within sixty (60) days after the submission by CVP of the results of such Performance Test as required under Article 6 hereof, pay to BSE as liquidated damages, at the office of BSE designated on Page 1 of this Agreement, in lawful money of the United States of America, a sum of money calculated pursuant to Schedule C.