146 



Sottlament for Underdeliveries: All deliveries made under this contract shall be lor the quantity specilied herein. II the seller finds 

 he will not tje able to complete delivery of the contracted quantity, it shall be the duty of the seller to advise the buyer at once. The buyer, 

 when so notified, shall by the close of the next marfiet day elect either to: a) agree with the seller upon an extension of the time lor delivery; 

 or b) after having given notice to the seller to complete the contract, the buyer, by the exercise of due diligence, will buy-in for the account 

 of the seller the defaulted portion of the contract; or c) alter having given notice to the seller to complete the contract, the buyer will cancel 

 the defaulted portion ol thecontrad at thedlfference between the contract price and the replacement cost based on the close of the market 

 the next business day when trades can be made. 



If the seller fails to notify the buyer of his Inability to con:tpiete the contracted delivery as specilied previously, the liability of the seller 

 shall continue until the buyer, by the exercise of due diligence, can determine whether the seller has delauited. If such default Is 

 determined by the buyer, the buyer shall immediately: a) agree with the seller upon an extension ol the time for delivery to coverthe default; 

 or b) after having given notice to the seller to complete the contract, the buyer, by the exercise of due diligence, will buy In for the account 

 of the seller the delauited portion of the contract; or c) after having given notice to the seller to complete the contract, the buyer will cancel 

 the defaulted portion ol the contract at the difference between the contract price and the replacement cost based on the close of the market 

 the next market day when trades can be made. 



Delivery Location and Method: Ail deliveries made pursuant to this contract shall be at the location appearing In the contract. 

 Payment Terms Applicable to this Contract: Payment will be made as follows: ^___ 



Buyer's Right to Delay Delivery Period. The Buyer hasthe right, without penalty, to delay the time for accepting delivery and making 

 payment under this contract if such delay is caused by government regulation or action, labor strikes, riots, insurrection, freight embargoes 

 or transportation delays. It shall be the duty of the buyerto accept delivery and make payment underthls contract as soon as practicable 

 after the cause for delay has ceased. 



NGFA Trade Rules to Apply: Except as othenMise expressly provided herein, this contract shall be subject to the National Grain 

 and Feed Association's Trade Rules applicable on the date this purchase contract is signed. (NGFA Trade Rules and Arbitration Rules 

 are available upon request.) 



Arbitration: The parties to this contract agree that the sole remedy for resolution of any and all disagreements or disputes arising 

 under this contract shall be through atbitration proceedings belore the National Grain and Feed Association (NGFA) under NGFA 

 Arbitration Rules. The decision and award determined through such arbitration shall be final and binding upon the buyer and seller. 

 Judgment upon the arbitration award may be entered and enforced in any Court having |urisdiction thereof. 



Applicable Law: This contract shall be governed by, and construed In accordance with, the laws of the State ol 

 If a matter not addressed by the NGFA's Trade Rules or the Arbitration Rules is at issue. 



Final and Complete Agreement: This contract shall represent the final, complete and exclusive statement ol agreement between 

 the parties and may not be modified, supplemented or waived, except In writing signed by both parties. 



This contract and any amendments thereto agreed to mutually by the seller and buyer, shall be binding upon and inure to the benefit 

 ol the parties hereto and their respective heirs, personal representatives and successors ol the respective parties. This contract may be 

 assigned, but no assignment shall relieve the buyer and seller from fulfilling their obligations. 



In witness wheroof, the parties have set their hands this day of 19 



Seller 



[Authorized Signature(s)| 

 Buyer. 



(Authorized Slgnalure(s)| 



