Inability to Produce. In the event Seller’s Plant is unable to produce sufficient Ethanol quantities to satisfy Approved Transactions, and such inability to produce is not the result of Force Majeure, then in such case Buyer may purchase or arrange for the purchase of such shortfall from other sources, and shall use commercially reasonable efforts to minimize any such cover costs. If Buyer’s direct cover costs for an Approved Transaction for supply of Ethanol to a third party exceed the amounts that Buyer would have paid to Seller hereunder (all as determined on a net basis), then the amount of such excess shall be deducted from the weekly payment described in Section 11.1. Buyer will provide Seller written substantiation of such costs reasonably satisfactory to Seller as soon as practicable.
Inability to Produce. In the event Seller's Plant is unable to produce sufficient Ethanol quantities to meet Buyer's sales commitments, which sales commitments shall have been previously disclosed to Seller, and such inability to produce is not the result of Force Majeure, then in such case Buyer may purchase ethanol in the market place at such reasonable price and in such reasonable quantity as is required to meet its delivery obligations; provided, however, that prior to making such purchases, Buyer shall communicate the terms and conditions of such purchases to Seller and shall obtain the consent of Seller to such purchases which consent shall not be unreasonably withheld. If Xxxxx does so, and as a result thereof incurs a financial loss, Seller will reimburse Buyer for any such loss. Under such circumstances, if Xxxxx realizes a financial gain, it will pay such gain to Seller. Buyer will provide Seller written substantiation of such costs reasonably satisfactory to Seller as soon as practicable.
Inability to Produce. In the event Seller's Plant is unable to produce sufficient Ethanol quantities to meet Buyer's sales commitments for Forward Contracted Gallons, which sales commitments shall have been previously disclosed in writing to Seller, and such inability to produce is not the result of scheduled Plant shutdowns or Force Majeure, then in such case Buyer may purchase or arrange for the purchase of such shortfall from other sources. The cost of such Ethanol shortfall supplied by Buyer or purchased from such third parties shall be deducted (or credited in the case of a cost savings) from the weekly payment described in Section 7.1. Buyer will provide Seller written substantiation of such costs reasonably satisfactory to Seller as soon as practicable.
Inability to Produce. In the event Seller's Plant is unable to produce sufficient Fuel Ethanol quantities to meet Buyer's sales commitments, which sales commitments shall have been previously disclosed to Seller, and such inability to produce is not the result of Force Majeure, then in such case Buyer may purchase or arrange for the purchase of such shortfall from other sources; provided that Buyer shall use its best commercial efforts to obtain such replacement Fuel Ethanol at the lowest costs available to it. The revenue from and the cost of such Fuel Ethanol shortfall supplied by Buyer or purchased from such third parties shall be deducted from or added to the weekly payment described in Section 7.1. Buyer will provide to Seller as soon as practicable written substantiation of such costs reasonably satisfactory to Seller. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED.
