Common use of Form of Purchase Orders Clause in Contracts

Form of Purchase Orders. Gold may place a Purchase Order with Producer orally, by email or by a written purchase order or contract in a form mutually acceptable to Producer and Gold. The terms of any Purchase Order may include a request for the sale and delivery of Ethanol on a one-time basis or on a daily, weekly, monthly, quarterly or other periodic basis. Each Purchase Order shall be irrevocable by Gold during the Acceptance Period (as defined below), unless and until it becomes a Rejected Purchase Order. A Purchase Order may take the form of (A) a Direct Fixed Price Purchase Order (as defined below), (B) a Direct Index Price Purchase Order (as defined below), (C) a Terminal Storage Purchase Order (as defined below), or (D) a transportation swap or similar transaction that is mutually acceptable to Producer and Gold. Each Purchase Order shall be subject to the terms and conditions of this Agreement except, with respect to any Purchase Order, to the extent expressly set forth in writing in such Purchase Order.

Appears in 4 contracts

Samples: Exclusive Ethanol Marketing Agreement (Advanced BioEnergy, LLC), Exclusive Ethanol Marketing Agreement (Advanced BioEnergy, LLC), Registration Rights Agreement (Advanced BioEnergy, LLC)

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