WDG. A price equal to [***] percent ([***]%) of the F.O.B. Plant Price for the WDG. For purposes of this Restated Agreement, the “F.O.B. Plant Price” shall mean the sale price and other amounts billed or invoiced to the UBE Customer in question (other than amounts which are for reimbursement of out-of-pocket costs/expenses of UBE), less all freight costs incurred by UBE in delivering the Distiller’s Grains to the UBE Customer in question. UBE will communicate and consult with HR about prices and trends in the dried distiller’s grains and wet distiller’s grains markets on a weekly basis so that both parties are informed regarding pricing and trends. UBE will allocate its purchases of dried distiller’s grains and wet distiller’s grains among HR and UBE’s other suppliers of dried distiller’s grains and wet distiller’s grains in a fair, reasonable and consistent manner, but UBE will submit Purchase Orders to HR for purchases of all of the Distiller’s Grains.
WDG. UBE agrees to pay AE for all Wet Distiller’s Grains removed by UBE from the Plant a price equal to *** of the F.O.B. Plant Price charged by UBE to its customers. For purposes of this provision, the F.O.B. Plant price shall be the actual sales price, less all costs incurred by UBE in delivering the Distiller’s Grains to its customers, whether incurred prior to or during the term of this Agreement. * Portions omitted pursuant to a request for confidential treatment and filed separately with the SEC.
WDG. A price equal to ninety seven and one-half percent (97.5%) of the F.O.B. Plant Price charged by Buyer to its customers. Upon receipt of documentation from Seller, Buyer will pay Seller an additional one-half of one percent (.5%) of the FOB Plant Price charged by Buyer to customers that are members with an ownership interest in the Seller. The additional one-half of one percent (.5%) shall be paid only for "Product" that is subject to a member agreement between Seller and the customer. Payment shall be made each Thursday for all "Products" shipped the previous week. For purposes of this provision, the FOB "Plant" price shall be the actual sale price, less all freight costs incurred by Buyer in delivering the "Product" to its customer. Buyer agrees to use commercially reasonable efforts to achieve the highest resale price available under prevailing market conditions as judged by Buyer. Seller's sole and exclusive remedy for breach of Buyer's obligations under this paragraph 5A shall be to terminate this Agreement.
