Processing and Other Activities Clause Samples

Processing and Other Activities. (a) At any time during the Unwind Period in furtherance of the intent of this Article 23, Macquarie may by written notice require the Company to take any of the following actions and the Company hereby agrees to take such actions unless any such actions would breach an Overriding Obligation: (i) refine, blend or otherwise process any of the Macquarie Owned Inventory or related materials provided hereunder to Macquarie’s reasonable specifications, determined in accordance with the historic operations of the Refinery; provided that for any Permitted Feedstock so processed, an amount equal to the difference between (i) the price that would have been payable by the Company for such Permitted Feedstock in accordance with this Agreement if no Acceleration Notice had been delivered by Macquarie; and (ii) the price at which Macquarie sells the resulting Renewable Product to a third party, shall be credited against the Settlement Amount for the Company’s account; (ii) provide advice and input into the potential blends and yields achievable in respect of the Macquarie Owned Inventory and related materials, including providing Macquarie with reasonable access to the Company’s linear programming model (and its inputs and outputs accordingly), production planning staff and other modelling tools except where such access is limited by statutory or contractual confidentiality requirements; (iii) to the extent not otherwise readily available to Macquarie, sell or provide to Macquarie (priced in accordance with the terms of this Agreement or, if no such pricing mechanism exists for the relevant materials, at cost for any fixed price component and in accordance with the relevant pricing benchmark(s) for any floating price component priced on the date of delivery to Macquarie, or, if such date is not a Business Day, the following Business Day) such additives, components or other materials, utilities or services as the Company owns or is able to source or provide where such additives, components or other materials, utilities or services would promote the aims of these Unwind Procedures (except that any branded additives shall only be made available to Macquarie for the purpose of the relevant Renewable Product being sold to the third party customer whom such branded additives relates); (iv) agree to work with such Macquarie personnel or representatives in respect of this Agreement (which may include the secondment of Macquarie personnel to the Company at no additional cost to ...