Common use of Purchase Exclusivity Clause in Contracts

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.

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 '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.