Common use of Marketing Objectives Clause in Contracts

Marketing Objectives. Cargill and Producer shall consult regularly with respect to Cargill’s marketing efforts and strategies for Producer’s DG purchased by Cargill, and shall provide Producer with information related to industry trends, quality feedback, potential product improvements and customer developments. Once each week during the term of this Agreement, Cargill shall provide Producer with a report (in a form to be agreed upon by the Parties not less than thirty (30) days prior to the Projected Date of First Delivery) that shall include fixed price, total sales, and guidance on product mix storage information relating to Producer’s DG. Producer intends to use this weekly report to update its distillers grains position sheet (“DGPS”) and as a basis for potentially entering into hedging transactions with third parties. Producer shall provide its DGPS to Cargill, and Cargill shall use the DGPS as a source of sales guidance for selling up to a given quantity of DG at certain price intervals for a specified delivery period. From time to time during the term of this Agreement, Cargill may enter sales agreements with third-party purchasers of the DG, which contracts are dependent on the availability of DG from Producer. Cargill shall notify Producer prior to entering into any sales agreement for Producer’s DG for quantities of DG exceeding 10,000 tons. Producer agrees that it will not share any competitively sensitive information provided by Cargill (including without limitation information related to DG prices, marketing plans, and ongoing or proposed customer negotiations) with Producer’s Affiliates, if any, which compete with Cargill for sales of DG. The DGPS shall not be binding on either Party.