Common use of Product Testing Clause in Contracts

Product Testing. If EKAE knows or reasonably suspects that any Ethanol produced by the Plant is adulterated or misbranded, or, are outside of minimum quality standards set forth in EXHIBIT A or EXHIBIT B, EKAE shall promptly so notify UBEF so that such Ethanol can be independently tested before entering interstate commerce. If UBEF knows or reasonably suspects that any Ethanol produced by the Plant is adulterated or misbranded, or, is outside of minimum quality standards set forth in EXHIBIT A or EXHIBIT B, then UBEF may obtain independent laboratory tests of the affected Ethanol. If such Ethanol is independently tested and found to comply with all warranties made by EKAE herein, then UBEF shall pay all testing costs, and if the Ethanol is found not to comply with such warranties, EKAE shall pay all testing costs.