Purchase Exclusivity Sample Clauses

Purchase Exclusivity. Except as otherwise set forth herein, Buyer is obligated, and shall have the exclusive right, to purchase from Seller all Ethanol produced at the Plant.
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Purchase Exclusivity. Subject to Section 4.1, Buyer is obligated, and shall have the exclusive right, to purchase from Seller all Ethanol produced at the Plant. If Buyer does not purchase and take Delivery of all Ethanol produced at the Plant or does not resell all of the Ethanol produced at the Plant, Buyer shall purchase the Ethanol for its own account. When Buyer’s purchase is for its own account based on the conditions above, such sales shall be at market prices agreed upon by Seller and Buyer. For purchases of Ethanol by Buyer for its own account Buyer will be responsible for all storage and other charges (including transportation) after the purchase and Buyer will be entitled to all proceeds obtained from the resale of the Ethanol.
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Purchase Exclusivity. Buyer is obligated, and shall have the exclusive right, to purchase from Seller all Fuel Ethanol and Cellulosic Ethanol produced at the Plant. If Buyer does not purchase and take Delivery of said Fuel Ethanol and Buyer does not resell the Fuel Ethanol, Buyer shall purchase the Fuel Ethanol for its own account. When Buyer's purchase is for its own account based on the conditions above, such sales shall be agreed upon based on current spot market prices and applicable Carbon Intensity Price (“CIP”) and Renewable Identification Number price (“RIN”). For purchases of Fuel Ethanol by Buyer for its own account, Buyer will be responsible for all storage and other charges (including transportation) after the purchase and Buyer will be entitled to all proceeds obtained from the resale of the Fuel Ethanol, except that Seller will be responsible for maintaining the storage tanks at the Plants in Stanislaus County, California where Fuel Ethanol owned by Buyer is stored before loading to trucks.
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Purchase Exclusivity. Buyer is obligated, and shall have the exclusive right, to purchase from Seller all Ethanol produced at the Plant. If Buyer does not purchase and take Delivery of said Ethanol and Buyer does not resell the Ethanol, Buyer shall purchase the Ethanol for its own account. When Buyer's purchase is for its own account based on the conditions above such sales shall be at agreed upon prices that approximates current spot market prices. The sole exception to this is those cases where, if prior to its giving consent Seller identifies a similar sale that will return a higher net price to Seller than that offered by Buyer, the Ethanol shall be sold as directed by Seller. For purchases of Ethanol by Buyer for its own account Buyer will be responsible for all storage and other charges after the purchase and Buyer will be entitled to all proceeds obtained from the resale of the Ethanol.
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Related to Purchase Exclusivity

  • Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.

  • Exclusivity Without prejudice to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.

  • Limited Exclusivity The Sub-Adviser agrees that it will not provide similar services to any other mutual fund which holds itself out to the public as "Environmentally Qualified" or otherwise "Socially Responsible" within the common meanings of those terms. Other than that, it is understood that the services of the Sub-Adviser are not exclusive, and that nothing in this Agreement shall prevent the Sub-Adviser from providing similar services to other investment advisory clients, including but not by way of limitation, investment companies or to other series of investment companies, including the Company (whether or not their investment objectives and policies are similar to those of the Funds) or from engaging in other activities, provided such other services and activities do not, during the term of this Agreement, interfere in a material manner with the Sub-Adviser's ability to meet its obligations to the Funds hereunder. When the Sub-Adviser recommends the purchase or sale of a security for other investment companies and other clients, and at the same time the Sub-Adviser recommends the purchase or sale of the same security for the Funds, it is understood that in light of its fiduciary duty to the Funds, such transactions will be executed on a basis that is fair and equitable to the Funds. In connection with purchases or sales of portfolio securities for the account of the Funds, neither the Sub-Adviser nor any of its directors, officers or employees shall act as a principal or agent or receive any commission. If the Sub-Adviser provides any advice to its clients concerning the shares of the Funds, the Sub-Adviser shall act solely as investment counsel for such clients and not in any way on behalf of the Company or the Funds. The Sub-Adviser provides investment advisory services to numerous other investment advisory clients, including but not limited to other funds and may give advice and take action which may differ from the timing or nature of action taken by the Sub-Adviser with respect to the Fund. Nothing in this Agreement shall impose upon the Sub-Adviser any obligations other than those imposed by law to purchase, sell or recommend for purchase or sale, with respect to the Funds, any security which the Sub-Adviser, or the shareholders, officers, directors, employees or affiliates may purchase or sell for their own account or for the account of any client.

  • No Exclusivity It is expressly understood and agreed by the parties that this is not an exclusive agreement. Nothing in this Agreement shall be construed as creating any exclusive arrangement with Contractor or as prohibit City from either acquiring similar, equal, or like goods and/or services or from executing additional contracts with other entities or sources.

  • EXCLUSIVITY OF OPTION This Option to Purchase Agreement is exclusive and non-assignable and exists solely for the benefit of the named parties above. Should Buyer/Tenant attempt to assign, convey, delegate, or transfer this option to purchase without the Seller/Landlord’s express written permission, any such attempt shall be deemed null and void.