Quadra Energy Trading
Inc .
PRODUCT SALES AGREEMENT —
REVISION
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Contract No:
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V01029,01
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Contract Eff Date:
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DEC 06 2006
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Revision No:
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01
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Revision Date:
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DEC 06 2006
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Reference:
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Lincolnway
Energy LLC
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Quadra
Energy Trading Inc.
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Suite
307
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59511W. Lincoln
Hwy.
Neveda, IA 50201
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300 N. Dakota
Avenue
Sioux Falls, SD 57102
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Lars
Dunn
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Attention:
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Dave
Vine
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Bus:(515)
382-8899
Fax: (515) 382-2417
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Bus:
(605) 977-1761
Fax: (605) 977-1763
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Lincolnway
Energy LLC agrees to purchase and Quadra Energy Trading Inc. agrees
to sell the quantity of product pursuant to the terms set out below
and the general terms and conditions attached hereto.
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Natural
Gasoline
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CONTRACT
TERM:
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April 01
2007 through to September 30 2007
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TOTAL
VOLUME:
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540000
USG
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1.77
US$/USG
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Nevada,
IA
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Due payment 10
days
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n/a
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n/a
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540000
USG
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Schedule Name:
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Revno:
00
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Navada,
IA
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Schedule Product:
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C5
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Nevada,
IA
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Customs or
Brokerage:
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N/A
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Truck
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Equipment Supplied
By:
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supplied by
quadra
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Jan
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Feb
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Mar
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Apr
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May
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Jun
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Jul
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Aug
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Sep
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Oct
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Nov
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Dec
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0
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0
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0
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90000
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90000
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90000
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90000
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90000
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90000
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0
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0
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0
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If you do
not agree to these terms, please contact us.
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Accepted and
Agreed to this day by;
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Lincolnway
Energy LLC
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Quadra
Energy Trading Inc.
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/s/ Dave
Vine
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Dave
Vine
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Manager, Energy
Products Marketing
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Date: Dec. 11,
2006
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E-1
Quadra Energy Trading
Inc.
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Contract No:
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V01028,00
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Contract Eff Date:
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DEC 06 2006
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Revision No:
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00
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Revision Date:
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DEC 06 2006
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Reference:
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Quadra
Energy Trading Inc.
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Suite 307
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300 N. Dakota
Avenue
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Sioux Fails, SD
57102
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Lars
Dunn
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Attention:
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Dave
Vine
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Bus:(605)
382-8899
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Bus:
(605) 977-1761
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Fax:
(515) 382-2417
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Fax:
(605) 977-1763
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Lincolnway
Energy LLC agrees to purchase and Quadra Energy Trading Inc. agrees
to sell the quantity of product pursuant to the terms set out below
and the general terms and conditions attached hereto.
|
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|
|
|
|
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|
|
|
|
|
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Natural
Gasoline
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CONTRACT
TERM:
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January 01
2007 through to March 31 2007
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TOTAL
VOLUME:
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135000
USG
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1,73
US$/USG
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Nevada,
IA
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Due payment net
10 days
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n/a
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n/a
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135000
USG
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Schedule Name:
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RevNo:
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00
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Nevada,
IA
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Schedule Product:
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C5
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Nevada,
IA
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Customs or
Brokerage:
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N/A
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Truck
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Equipment Supplied
By:
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Supplied
by quadra
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DELIVERY
SCHEDULE:
(USG)
25%
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Jan
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Feb
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Mar
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Apr
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May
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Jun
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Jul
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Aug
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Sep
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Oct
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Nov
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Dec
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45000
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45000
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45000
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0
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0
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0
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0
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0
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0
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0
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0
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0
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If you do
not agree to these terms, please contact us.
Accepted and
Agreed to this day by;
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Quadra
Energy Trading Inc.
|
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/s/ Dave
Vine
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Dave
vine
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Manager, Energy
Products Marketing
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Date: Dec.
7/2006
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E-2
Seller warrants
that at the time of transfer of title to product sold hereunder, it
will have good title to and/or the full fight and authority to sell
such Product free and clear of all liens, claims and encumbrances
whatsoever except to the extent of taxes, duties and charges for
which Buyer is responsible pursuant to the other provision
thereof.
Title to
Product shall transfer to Buyer at the Delivery Point. In the event
of an inventory transfer, delivery and title transfer shall occur
on the date the storage operator records the transfer. If the
Delivery Point is at the point of supply, delivery and title
transfer shall be effective following delivery of the loaded tank
car to the railroad or as Product is motored into a tank truck or
pipeline. If the Delivery Point is at a destination other than the
point of supply, delivery and title transfer shall occur at the
outlet flange of the tank truck upon off-loading of Product and in
the event of transport by tank car delivery and title transfer
shall occur upon constructive placement of the tank car. In the
event of transport by pipeline, delivery and title transfer shall
occur as Product is motored into connecting storage or
transport.
Following the
transfer of title, Buyer shall bear all risk in respect of the
Product, including without limitation, its transportation, handling
and care.
2.
TRANSPORTATION, DETENTION AND DEMURRAGE
When Seller is
responsible for transportation of Product hereunder, it may from
time to time change the mode of transportation specified on the
face hereof.
Where Buyer
provides equipment for the transportation of Product, the equipment
shall be in a safe, clean, and suitable condition for loading and
unloading. Such equipment and the shipment of Product shall be in
compliance with all applicable laws, regulations, rules and orders
of any legislative body or duty constituted authority including,
without restriction the generality of the foregoing,
Transportation of Dangerous Goods Act (Canada) and
regulations thereunder and Title 49 of the Federal Regulations (CFR
49) subtitle E, Chapter 1, Subchapter C, Parts 171-180 (USA),
and all amendments thereof.
When Buyer
provides tank trucks for transportation of Product delivered at the
point of supply, Buyer’s carrier and drivers must be
acceptable to the operator of the loading facility, and comply with
the operator’s loading and safety procedures. Each of the
Buyer’s carriers shall be required to maintain comprehensive
general liability insurance covering carriers liability for bodily
injury and property damage with limits of not less than five
million dollars for any one occurrence and automobile liability
insurance covering all trucking equipment used in connection with
this Contacts with limits of not less than five million dollars for
any one occurrence.
If Seller
deliver product to Buyer using tank cars. Seller’s tank cars
shall not be diverted by Buyer except with Seller’s prior
written consent. All diversion charges and additional freight
charges resulting from such diversion shall be for the account of
Buyer.
Sellers’
tank cars must be unloaded and returned to the railroad within the
7-day period that begins at 7.00 a.m. following arrival at
destination, otherwise a detention charge will be made by Seller
for each additional day that cars are detained. The aforesaid
charge shall be $50.00 per day the tank car is detained. In
addition, Buyer shall be responsible for all demurrage charges
assessed by the railroad, for delayed offloading.
Where the price
of Product is based on posted prices:
(a) Seller
may from time to time give notice to the Buyer of a price change
for Product to be sold. The new price shall be affective 24 hours
after receipt by Buyer of the new price notice.
(b) The
Buyer receiving such notice shall within 48 hours after receipt by
Buyer of the notice elect in writing either to accept or reject the
new price. Failure to elect as aforesaid shall be deemed an
election to accept the new price. If Buyer rejects the new price,
it shall not be obligated to take Product hereunder until a new
price is mutually agreed upon. If there is no such mutual agreement
between Buyer and Seller the price shall be the price in effect as
at the date of shipment from the supply point as set forth in the
notice pursuant to paragraph 3(a) hereof.
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