Common use of Quality; Shrinkage Clause in Contracts

Quality; Shrinkage. Producer shall be responsible for any failure of Biodiesel to comply with the “Biodiesel Quality Standards” set forth in Exhibit C attached hereto. Producer and not Bunge shall be responsible for and bear the cost of any differences between the volume of Biodiesel purchased by Bunge for shipment to a purchaser pursuant to a Contract and the corresponding volume of Biodiesel upon arrival to the purchaser (“Shrinkage”). If any Biodiesel supplied under this Agreement fails to comply with the Biodiesel Quality Standards and any purchaser seeks a remedy against Bunge for the non-compliant Biodiesel or for Shrinkage or rejects or returns Biodiesel, then Producer shall reimburse all costs and expenses of Bunge (including, without limitation, reasonable attorney fees) associated therewith.

Appears in 3 contracts

Samples: Master Services Agreement (REG Newco, Inc.), Master Services Agreement (REG Newco, Inc.), Biodiesel Purchase and Sale Agreement (Renewable Energy Group, Inc.)

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Quality; Shrinkage. Producer shall be responsible for any failure of Biodiesel to comply with the “Biodiesel Quality Standards” set forth in Exhibit C attached hereto. Producer and not Bunge shall be responsible for and bear the cost of any differences between the volume of Biodiesel purchased by Bunge for shipment to a purchaser pursuant to a Contract and the corresponding volume of Biodiesel upon arrival to the purchaser (“Shrinkage”). If any Biodiesel supplied under this Agreement fails to comply with the Biodiesel Quality Standards and any purchaser seeks a remedy against Bunge or REG Marketing for the non-compliant Biodiesel or for Shrinkage or rejects or returns Biodiesel, then Producer and REG Marketing shall reimburse all costs and expenses of Bunge (including, without limitation, reasonable attorney fees) associated therewith.

Appears in 2 contracts

Samples: Master Services Agreement (REG Newco, Inc.), Master Services Agreement (REG Newco, Inc.)

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