Exhibit
10.1.6

     

     

    
      SIXTH
AMENDMENT

       

      


       

      TO

       

      


       

      LEASE
AGREEMENT

       

      


       

      AND

       

      


       

      REAFFIRMATION
OF GUARANTY

       

      


       

      By
and Among

       

      


       

      The
Ports of Indiana

       

      Aventine
Renewable Energy-Mt Vernon, LLC

       

      And

       

      Aventine
Renewable Energy Holdings, Inc.

       

      
        
          
          

        

        
          
          

          
            

          

        

        
          
          

        

      

       

      


      SIXTH AMENDMENT TO LEASE
AGREEMENT

       

      AND REAFFIRMATION OF
GUARANTY

       

      THIS
SIXTH AMENDMENT TO LEASE AGREEMENT AND REAFFIRMATION OF GUARANTY ("Sixth Amendment") is made and
entered into this 12th day of February, 2009 by and among the PORTS OF INDIANA,
a body corporate and politic existing under the laws of the State of Indiana and
formerly known as the Indiana Port Commission (the "Ports"), AVENTINE RENEWABLE
ENERGY-MT VERNON, LLC a Delaware Limited Liability Company ("Lessee", and together the
"Parties") and AVENTINE
RENEWABLE ENERGY HOLDINGS, INC. ("Guarantor").

       

      RECITALS:

       

      A. The Ports
is charged with the management and operation of the Ports of Indiana, including
the Port of Indiana-Mount Vernon, in Posey County, Indiana (the "Port").

       

      B. The
Parties entered into a certain Lease Agreement dated October 31, 2006, which was
executed by the Office of the Attorney General and the Office of the Governor on
January 19, 2007 and January 24, 2007 respectively (the "Original Lease"), which
Original Lease was amended by (i) a certain First Amendment to Lease Agreement
and Reaffirmation of Guaranty dated June 14, 2007 among the Parties and
Guarantor, (ii) a certain Second Amendment to Lease Agreement and Reaffirmation
of Guaranty dated October 18, 2007 among the Parties and Guarantor, (iii) a
certain Third Amendment to Lease Agreement and Reaffirmation of Guaranty dated
December 20, 2007 among the Parties and Guarantor, (iv) a certain Fourth
Amendment to Lease Agreement and Reaffirmation of Guaranty dated June 19, 2008,
and (v) a certain Fifth Amendment to Lease Agreement and Reaffirmation of
Guaranty dated December 18, 2008 among the Parties and Guarantor (said Original
Lease as so amended is herein referred to as the "Lease"), whereby the Ports
leased to Lessee and Lessee leased from the Ports that certain real estate
described in the Lease, located at the Port of Indiana-Mount Vernon, a port
managed and operated by the Ports in Posey County, Indiana.

       

      C. The
Parties have agreed to amend the Lease to remove from the Leased Premises
approximately 2.37 +/-
acres (hereafter “Tract
1”) and the return of Tract 1 to the Ports for the construction of
additional storage rail tracts and to make other changes in the legal
descriptions of the Leased Premises.

       

      D. Guarantor
is joining in the execution of this Sixth Amendment solely for purposes of
consenting to all provisions of this Sixth Amendment and ratifying, confirming
and reaffirming its obligations under that certain Lease Guaranty dated as of
October 31, 2006 (the "Lease
Guaranty").

       

      E. Lessee,
the Ports and Guarantor have each had substantial participation in the
preparation of this Sixth Amendment which shall become effective upon execution
by the Parties.

       

      F. At a
properly convened public meeting of the Commission of the Ports, the duly
authorized officers have approved the execution and delivery of this Sixth
Amendment.

       

      
        
          
          

        

        
          1

          
            

          

        

        
          
          

        

         

      

      NOW,
THEREFORE, in consideration of the foregoing premises, the mutual undertakings
hereinafter set forth, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the Ports, Lessee and
Guarantor (solely for purposes of its agreement to the provisions of Paragraphs
3 and 4 below) hereby agree as follows:

       

      1.           The
Parties previously entered into a Fourth Amendment to Lease Agreement and
Reaffirmation of Guaranty dated June 19, 2008.  In part the Fourth
Amendment added the following language:

       

      5
(a)           Note to
east portion of Parcel #1 concerning additional railroad tracts to be installed
by the Commission to serve Consolidated Grain and Barge, to the effect that:
“Additional railroad tracks to be installed by the Indiana Port Commission, land
to be surrendered back to the Commission and deleted from the Leased Premises by
an amendment to the Lease between the Commission and Aventine Renewable
Energy-Mt Vernon, LLC.”

       

      2.           The
Parties agreed in Section 5 of the Fourth Amendment to enter into amendments to
the Lease to reflect as-built and other conditions of the Real
Estate.  In reference to Section 5(a) of the Fourth Amendment as
recited in Paragraph 1 of this Sixth Amendment, certain acreage of the Real
Estate will be removed from the Leased Premises and surrendered back to the
Ports. The land to be surrendered back to the Ports, defined herein as Tract 1,
consists of approximately 2.37 +/- acres
and is more particularly described and depicted in the drawing and
description attached hereto, made a part hereof, and marked as Exhibit 1
SBH-50009020512190.  A metes and bounds description, as well as
the actual acreage of Tract 1, will be established by the “as built” ALTA/ACSM
Land Title Survey of the Leased Premises, containing Table A Items 1-4, 6, 7a,
8-10, 11a and 13 (the "As
Built Survey") to
be provided by Lessee pursuant to paragraph 4 hereafter.

       

      3.           Attached
to said Fourth Amendment, as well as to this Sixth Amendment, is Exhibit A – Description of Leased
Real Estate, (“Exhibit
A”).  Exhibit A describes the Leased Premises as consisting of
118.05 acres.

       

      4.           By
agreement of the Parties a final As Built Survey is to be performed by Lessee
when the project is at a stage when the actual boundaries are readily
identifiable, including all necessary easements and rights of way, but in no
event later than December 31, 2009.

       

      5.           Article
III of the Lease provides that Lessee shall pay Initial Ground Rent of Three
Thousand Two Hundred Dollars ($3,200) per acre per year, and Section 1.01 of the
Lease identifies the demised real estate as approximately 116 acres, more or
less.

       

      6.           It
is further agreed by the Parties that an adjustment to the Initial Ground Rent
paid and payable by Lessee will be made upon completion of the As Built
Survey.  The Parties acknowledge that since the execution of the
Lease, Lessee has occupied more than the 116 acres.  Specifically,
Lessee has occupied 117.808 acres from October 31, 2006 until increased to
118.05 on June 19, 2008; and reduced by 2.37 acres on February 12, 2009. Until
the As Built Survey is 

       

      
        
          
          

        

        
          2

          
            

          

        

        
          
          

        

      

       

      completed
and the adjustment to the Initial Ground Rent is calculated, the Initial Ground
Rent shall continue to be based upon the 116 acres.  Upon completion
of the As Built Survey, the Ports will calculate the actual Initial Ground Rent
that should have been paid since October 31, 2006 based upon the actual acreage
occupied by Lessee as such acreage has changed as set forth above (the "True Up Rent").  The
Initial Ground Rent that has been paid based upon the 116 acres shall be
subtracted from the True Up Rent and the difference, if any, shall be paid
by Lessee within 30 days of receipt of the invoice from the Ports.  In
the event that the result of the True Up Rent comparison is a negative amount,
such that Lessee has overpaid based on actual acreage occupied, then the Port
shall issue a credit to Lessee on the next month’s rent due.

      


      7.           Lessee
hereby releases and surrenders back to the Ports Tract 1, and the Ports hereby
accept Tract 1 and the same is hereby removed and deleted from the Demised
Premises.

       

      8.           Guarantor
hereby consents to the amendments to the Lease made by this Sixth Amendment and
agrees that such amendments shall not affect, impair, discharge, relieve or
release Guarantor of its obligations under the terms of the Lease Guaranty, and
that such Lease Guaranty shall be deemed to reference the Lease as amended
hereby.  Guarantor hereby ratifies, confirms and reaffirms in all
respects, the Lease Guaranty, and agrees that said Lease Guaranty shall continue
in full force and effect.

       

      9.           The
Ports and Lessee agree that the above and foregoing Recitals are true, correct
and complete and are hereby incorporated and made a part of this Sixth Amendment
as if completely and fully set forth herein.  Capitalized terms used
in this Sixth Amendment without definition shall have the meanings set forth in
the Lease as previously amended, except that any internal references in the
Lease to the word "Lease" shall mean the Lease,
as previously and hereby amended, wherever therein the context so requires in
order to give meaning to this Sixth Amendment.

       

      10.           Lessee
and the Ports hereby affirm, reaffirm and confirm that as of the date hereof the
Lease is in full force and effect, that the Lease has not been modified or
amended (except as provided in this Sixth Amendment) and that all of the Ports'
and Lessee's obligations accrued to date have been performed.  Lessee
and Ports hereby agree that there are, as of the date hereof, regardless of the
giving of notice or the passage of time, or both, no defaults or breaches on the
part of the Ports or Lessee under the Lease, as amended by this Sixth
Amendment.  Each of Lessee and the Ports hereby ratify the provisions
of the Lease on behalf of themselves and their respective successors and assigns
and agree to attorn and be bound to each other and their respective successors
and assigns as to all of the terms, covenants and conditions of the Lease, as
amended hereby.  This Sixth Amendment shall be incorporated into and
made a part of the Lease and all provisions thereof not expressly modified or
amended hereby shall remain in full force and effect.  Nothing
contained in this Sixth Amendment (except, as applicable, for the specific
amendments to the Lease set forth in this Sixth Amendment) shall release or
relieve Lessee or Ports from their respective obligations or liabilities under
the Lease accruing prior to the date hereof.

       

      11.           Except
as expressly amended and modified by this Sixth Amendment, the Lease shall
otherwise remain in full force and effect, the parties hereto hereby ratifying
and confirming

       

      
        
          
          

        

        
          3

          
            

          

        

        
          
          

        

      

       

      the
same.  This Sixth Amendment, together with the Lease, is the complete
understanding between the parties and supersedes all other prior agreements and
representations concerning its subject matter.  To the extent of any
inconsistency between the Lease and this Sixth Amendment, the terms of this
Sixth Amendment shall control.

       

      12.           Immediately
following the signature page of this Sixth Amendment is the Addendum of State
required contract provisions previously executed by the Parties.  The
Parties reaffirm the covenants and affirmations contained in said Addendum and
incorporate the same into this Sixth Amendment.

       

      (Remainder
of Page left blank, signature Page to follow)

       

      
        
          
          

        

        
          4

          
            

          

        

        
          
          

        

      

       

      IN
WITNESS WHEREOF, the parties hereto have executed this Sixth Amendment as of the
day, and month and year first above-written.

       

      
         

        
          
            	ATTEST:	 	 	
                    PORTS
      OF INDIANA

                    “Ports”

                  	 
	 	 	 	 	 	 	 
	 	 	 	 	 	 	 
	By:	
                    s/
      Jay K. Potesta

                  	 	 	By: 	
                     /s/
      Ken Kaczmarek

                  	 
	 	
                    
                      Jay
      K. Potesta, Secretary-Treasurer

                    

                  	 	 	 	
                    
                      Ken Kaczmarek,
      Chairman

                    

                  	 
	 	 	 	 	 	 	 


          

          
          

           

          
            
              
                	ATTEST:	 	 	
                        
                          AVENTINE
      RENEWABLE ENERGY-MT. VERNON, LLC

                          “Lessee”

                        

                      	 
	 	 	 	 	 	 	 
	
                        /s/ Ajay
      Sabherwal  

                      	 	 	
                        /s/
      Ronald H. Miller  

                      	 
	
                        
                            (Signature)

                        

                      	 	 	
                        
                           (Signature)

                        

                      	 
	 	 	 	 	 
	
                        Ajay
      Sabherwal, CFO

                      	 	 	
                        Ronald
      H. Miller, President & CEO

                      	 
	
                        (Printed
      name and title)

                      	 	 	
                        (Printed
      name and title)

                      	 
	
                         

                      	 	 	
                         

                      	 


              

              
                 

                
                  
                    
                      	ATTEST:	 	 	
                              
                                
                                  AVENTINE
      RENEWABLE ENERGY HOLDINGS, INC.

                                  “Guarantor”

                                

                              

                            	 
	 	 	 	 	 	 	 
	
                              /s/ Ajay
      Sabherwal  

                            	 	 	
                              /s/
      Ronald H. Miller  

                            	 
	
                              
                                  (Signature)

                              

                            	 	 	
                              
                                 (Signature)

                              

                            	 
	 	 	 	 	 
	
                              Ajay
      Sabherwal, CFO

                            	 	 	
                              Ronald
      H. Miller, President & CEO

                            	 
	
                              (Printed
      name and title)

                            	 	 	
                              (Printed
      name and title)

                            	 
	
                               

                            	 	 	
                               

                            	 


                    

                     

                  

                

              

              
                 

                
                  
                    	 	 	 	 	 	 	 
	
                            
                              Approved
      as to form and legality 

                              This
      17th day of February, 2009

                            

                          	 	 	
                            APPROVED

                            DATE:
      February 24, 2009

                          	 
	 	 	 	 	 
	
                            /s/ James F. Schmidt 

                              For Gregory F.
      Zoeller

                              Attorney General of
      Indiana

                            

                          	 	 	
                            /s/
      Mitchell E. Daniels,
      Jr.                                                                 

                            For
      The Honorable Mitchell E. Daniels, Jr.

                            Governor
      of Indiana

                          	 


                  

                  
                  

                

              

              
                
                   

                

              

            

          

        

      

      This
instrument was prepared by David W. Haniford, General Counsel, Ports of Indiana,
150 W. Market St. Ste. 100 Indianapolis IN 46204-2845 Telephone: (317)
232-9204.

      


      I affirm,
under the penalties for perjury, that I have taken reasonable care to redact
each Social Security number in this document, unless required by
law.  David W. Haniford, Attorney at Law.

       

       

      
        
          
          

        

        
          5

          
            

          

        

        
          
          

        

      

      EXHIBIT
A

       

       

      

      
        
          
          

        

        
          
          

          
            

          

        

        
          
          

        

      

      


      EXHIBIT
E

      (IPC3.21.06)

      ADDENDUM

       

      This
Addendum is entered into by and between the Ports of Indiana (the "State") and Aventine Renewable
Energy-Mt Vernon, LLC (the "Contractor"), and collectively
known as the "Parties".  The
purpose of this Addendum is to modify, delete, or amend certain terms and
conditions set forth in the attached Fifth Amendment ("Agreement").  This
Addendum and the Agreement are incorporated into each other and, when read
together, shall constitute one integrated document.  Any
inconsistency, conflict, or ambiguity between this Addendum and the Agreement
shall be resolved by giving precedence and effect to this Addendum.

       

      
        	
                1.  

              	
                Authority
      to Bind Contractor

              


      

       

      The
signatory for the Contractor represents that he/she has been duly authorized to
execute this Contract on behalf of the Contractor and has obtained all necessary
or applicable approvals to make this Contract fully binding upon the Contractor
when his/her signature is affixed, and certifies that this Contract is not
subject to further acceptance by Contractor when accepted by the State of
Indiana.

       

      
        	
                2.  

              	
                Compliance
      with Laws.

              


      

       

      
        	
                 A. 

              	
                The
      Contractor shall comply with all applicable federal, state and local laws,
      rules, regulations and ordinances, and all provisions required thereby to
      be included herein are hereby incorporated by reference.  The
      enactment of any state or federal statute or the promulgation of nays or
      regulations thereunder after execution of this Contract shall be reviewed
      by the State and the Contractor to determine whether the provisions of
      this Contract require found
modification.

              


      

       

      
        	
                B.

              	
                The
      Contractor and its agents shall abide by all ethical requirements that
      apply to persons who have a business relationship with the State, as set
      forth in Indiana Code § 4-2-6 at seq., the regulations promulgated
      thereunder, and Executive Order 04-08, dated April 27, 2004.  If
      the tractor is not familiar with these ethical requirements, the
      contractor should refer any questions to the Indiana State Ethics
      Commission, or visit the Indiana State Ethics Commission website at http://www.in.gov/ethics/.  If
      the Contractor or its agents violate any applicable ethical standards, the
      State may, in its sole discretion, terminate this Contract subject to the
      notice and cure provisions of Sections 11.01(i) and 7.02 of the
      Agreement.  In addition, the Contractor may be subject to
      penalties under Indiana Code §
4-2-6-12.

              


      

       

      
        	
                C.

              	
                The
      Contractor certifies by entering into this Contract, that neither it nor
      its principal(s) is presently in arrears in payment of its taxes; penult
      fees or other statutory, regulatory or judicially required payments to the
      State of Indiana.  Further, the Contractor agrees that any
      payments in arrears and currently due to the State of Indiana may be
      withheld from payments due to the Contractor.  Additionally,
      further work or payments may be withheld, delayed, or
    denied

              


      

       

      
        
          
          

        

        
          E-1

          
            

          

        

        
          
          

           

          
            	
                     

                  	
                    and/or
      this Contract suspended until the Contractor is current in its payments
      and has submitted proof of such payment to the
  State.

                  


          

        

      

       

      
        	
                D.

              	
                The
      Contractor warrants that it has no current or pending or outstanding
      criminal, civil, or enforcement actions initiated by the State of Indiana
      pending, and agrees that it will immediately notify the State of any such
      actions.  During the term of such actions, Contractor agrees
      that the State may delay, withhold, or deny work under any Supplement or
      contractual device issued pursuant to this Contract and any supplements or
      amendments.

              


      

       

      
        	
                E.

              	
                If
      a valid dispute exists as to the Contractor's liability or guilt in any
      action initiated by the State of Indiana or its agencies, and the State
      decides to delay, withhold, or deny work to the Contractor, the Contractor
      may request that it be allowed to continue, or receive work, without
      delay.  The Contractor must submit, in writing, a request for
      review to the Indiana Department of Administration (IDOA) following the
      procedures for disputes outlined herein, A determination by IDOA shall be
      binding on the parties.

              


      

       

      
        	
                F.

              	
                Any
      payments that the State may delay, withhold, deny, or apply under this
      section shall not be subject to penalty or interest under IC
      5-17-5.

              


      

       

      
        	
                G.

              	
                The
      Contractor warrants that the Contractor and its subcontractors' if any,
      shall obtain and maintain all required permits, licenses, and approvals,
      as well as comply with all health, safety, and environmental statutes,
      rules, or regulations in the performance of work activities for the
      State.  Failure to do so may be deemed is a material breach of
      this Contract and grounds for Immediate termination of the Agreement and
      denial of further work with the Stet; subject to the notice and cars
      provisions of Sections 11.01(1) and 7.02 of the
  Agreement.

              
	 	 
	
                H.

              	The
      Contractor hereby affirms that it is properly registered and owes no
      outstanding reports with the Indiana Secretary of
  State.


      

       

      
        	
                I.

              	
                As
      required by IC 5-22-3-7:

              


      

       

      
        	
                (1)  

              	
                the
      Contractor and any principals of the Contractor certify that (A) the
      Contractor, except for de minimis and nonsystematic violations, has not
      violated the terms of (i) IC 24-4.7 [Telephone Solicitation Of Consumers),
      (ii) IC 24-5-12 [Telephone Solicitations), or (iii) IC 24-5-14 [Regulation
      of Automatic Dialing Machines) in the previous three hundred sixty-five
      (365) days, even if IC 244.7 is preempted by federal law; and (B) the
      Contractor will not violate the terms of IC 24-4.7 for the duration of the
      Contract, even if IC 24-4.7 is preempted by federal
  law.

              


      

       

      
        	
                (2)  

              	
                The
      Contractor and any principals of the Contractor certify that an affiliate
      or principal of the Contractor and any agent acting on behalf of the
      Contractor or on behalf of an affiliate 'or principal of the Contractor:
      (A) except for de minimis and nonsystematic violations, has not violated
      the terms of IC 24-4.7 in the previous three hundred sixty-five (365)
      days, even if IC 24-4.7 is preempted by federal law; and (B) will not
      violate the 

              


      

       

      
        
          
          

        

        
          E-2

          
            

          

        

        
          
          

           

          
            	
                     

                  	
                    terms
      of IC 24-4.7 for the duration of the Contract, even if IC 24-4.7 is
      preempted by federal law.

                  


          

           

        

      

       

      
        	
                3.  

              	
                Conflict
      of interest.

              


      

       

      
        	
                A.  

              	
                As
      used in this section:

              


      

       

      "Immediate family" means the
spouse and the unemancipated children of an individual.

       

      "Interested party"
means:

       

      
        	
                 
      

              	
                1.

              	
                The
      individual executing this Contract;

              


      

       

      
        	
                 
      

              	
                2.

              	
                An
      individual who has an interest of three percent (3%) or more of
      Contractor, if Contractor is not an individual;
  or

              


      

       

      
        	
                 
      

              	
                3.

              	
                Any
      member of the immediate family of an individual specified under
      subdivision 1 or 2.

              


      

       

      "Department" means the Indiana
Department of Administration.

       

      "Commission" means the State
Ethics Commission.

       

      
        	
                B.  

              	
                The
      Department may cancel this Contract without recourse by Contractor if any
      interested party is an employee of the State of
  Indiana.

              


      

       

      
        	
                C.  

              	
                The
      Department will not exercise its right of cancellation under section B,
      above, if the Contractor gives the Department an opinion by the Commission
      indicating that the existence of this Contract and the employment by the
      State of Indiana of the interested party does not violate any statute or
      rule relating to ethical conduct of State employees.  The
      Department may take action, including cancellation of this Contract,
      consistent with an opinion of the Commission obtained under this
      section.

              


      

       

      
        	
                D.  

              	
                Contractor
      has an affirmative obligation under this Contract to disclose to the
      Department when an interested party is or becomes an employee of the State
      of Indiana.  The obligation under this section extends only to
      those facts that Contractor knows or reasonably could
  know.

              


      

       

      
        	
                4.  

              	
                 Drug-Free
      Workplace-Certification.

              


      

       

      The
Contractor hereby covenants and agrees to make a good faith effort to provide
and maintain a drug-free workplace.  The Contractor will give written
notice to the State within ten (10) days after receiving actual notice that the
Contractor or an employee of the Contractor in the State of Indiana has been
convicted of a criminal drug violation occurring in the Contractor's
workplace.  False certification or violation of this certification may
result in sanctions including suspension

       

      
        
          
          

        

        
          E-3

          
            

          

        

        
          
          

        

      

       

      of
contract payments, termination of this Contract and/or debarment of contracting
opportunities with the State for up to three (3) years, subject to the notice
and cure provisions of Sections 11.01(i) and 7.02 of the
Agreement.

       

      In
addition to the provisions of the above paragraphs, if the total contract amount
set forth in this Contract is in excess of $25,000.00, Contractor hereby further
agrees that this contract is expressly subject to the terms, conditions, and
representations of the following certification:

       

      This
certification is required by Executive Order No. 90-5, April 12, 1990, issued by
the Governor of Indiana.  Pursuant to its delegated authority, the
Indiana Department of Administration is requiring the inclusion of this
certification in all contracts and grants from the State of Indiana in excess of
$25,000.00.  No award of a contract shall be made, and no contract,
purchase order or agreement, the total amount of which exceeds $25,000.00, shall
be valid, unless and until this certification has been fully executed by the
Contractor and made a part of the contract or agreement as part of the contract
documents.

       

      The
Contractor certifies and agrees that it will provide a drug-free workplace
by:

       

      
        	
                A.

              	
                Publishing
      and providing to all of its employees a statement notifying them that the
      unlawful manufacture, distribution, dispensing, possession or use of a
      controlled substance is prohibited in the Contractor's workplace, and
      specifying the actions that will be taken against employees for violations
      of such prohibition;

              


      

       

      
        	
                B.

              	
                Establishing
      a drug-free awareness program to inform it's employees of (I) the dangers
      of drug abuse in the workplace; (2) the Contractor's policy of maintaining
      a drug-free workplace; (3) any available drug counseling, rehabilitation,
      and employee assistance programs; and (4) the penalties that may be
      imposed upon an employee for drug abuse violations occurring in the
      workplace;

              


      

       

      
        	
                C.

              	
                Notifying
      all employees in the statement required by subparagraph (A) above that as
      a condition of continued employment, the employee will (I) abide by the
      terms of the statement; and (2) notify the Contractor of any criminal drug
      sienna conviction for a violation occurring in the workplace no later than
      five (5) days after such
conviction;

              


      

       

      
        	
                D.

              	
                Notifying
      in writing the State within ten (10) days after receiving notice from an
      employee wider subdivision (C)(2) above, or otherwise receiving actual
      notice of such conviction;

              


      

       

      
        	
                E.

              	
                Within
      thirty (30) days after receiving notice under subdivision (C)(2) above of
      a conviction, imposing the following sanctions or remedial measures on any
      employee who is convicted of drug abuse violations occurring in the
      workplace: (1) taking appropriate personnel action against the employees,
      up to and including termination; or (2) requiring such employee to
      satisfactorily participate in a drug abuse assistance or rehabilitation
      program approved for such purposes by a federal, state or local health,
      law enforcement, or other appropriate agency;
  and

              


      

       

      
        	
                F.

              	
                Making
      a good faith effort to maintain a drug-free workplace through the
      implementation of subparagraphs (A) through (B)
  above.

              


      

       

      
        
          
          

        

        
          E-4

          
            

          

        

        
          
          

        

      

       

      
        	
                5.  

              	
                 Nondiscrimination

              


      

       

      Pursuant
to IC 22-9-1-10 and the Civil Rights Act of 1964, the Contractor and its
subcontractors shall not discriminate against any employee or applicant for
employment in the performance of this Contract.  The Contractor shall
not discriminate with respect to the hire, tenure, terms, conditions or
privileges of employment or any matter directly or indirectly related to
employment, because of race, color, religion, sex, disability, national origin
or ancestry.  Breach of this covenant may be regarded as a material
breach of this Contract The Contractor's execution of this Contract also
signifies compliance with applicable federal taws, regulations, and executive
orders prohibiting discrimination in the provision of services based on race,
color, national origin, age, sex, disability or status as a
veteran.  The provisions of this Section 5 are subject to the notice
and cure provisions of Sections 11.01(1) and 7.02 of the Agreement.

       

      NON-COLLUSION
AND ACCEPTANCE

       

      The
undersigned attests, 'subject to the penalties for perjury, that he/she is the
Contractor, or that he/she is the properly authorized representative, agent,
member or officer of the Contractor, that he/she has not, nor has any other
member, employee, representative, agent or officer of the Contractor, directly
or indirectly, to the best of his/her knowledge, entered into or offered to
enter into any combination, collusion or agreement to receive or pay, and that
he/she has not received or paid, any sum of money or other consideration for the
execution of this Contract other than that which appears upon the face of this
Contract,

       

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intentionally left blank]

       

      
        
          
          

        

        
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      In Witness Whereof, the
Parties have, through duly authorized representatives, entered into this
Lease.  The Parties having read and understand the foregoing terms of
the contract do by their respective signatures dated below hereby agree to the
terms thereof.

      
        
          
            
               

              
                
                  	Indiana
      Ports Commission:	 	 	
                          Aventine
      Renewable Energy – Mt Vernon, LLC

                        	 
	 	 	 	 	 	 	 
	Signature	/s/
      Steven Stemler    	 	 	Signature	/s/
      John R. Gray 	 
	Printed
      Name: 	Steven
      Stemler  	 	 	Printed
      Name: 	John
      R. Gray    	 
	Title: 	Designated
      Commissioner	 	 	Title: 	VP
      Logistics & Development	 
	Date:  	10/30/06    	 	 	Date:	10/31/06  	 
	Attest:  	/s/
      Jay K. Potesta    	 	 	 	 	 
	Printed
      Name:  	Jay
      K. Potesta  	 	 	 	 	 
	Title:  	Secretary
      Treasurer	 	 	 	 	 
	 	 	 	 	 	 	 
	 	 	 	 	 	 	 
	Office of the Attorney
      General	 	 	Office of the
      Governor	 
	 	 	 	 	 
	
                          /s/
      Jason Thompson/Susan W. Gard for

                        	 	 	
                          /s/
      Mitchell E. Daniels, Jr.

                        	 
	
                          Steve
      Carter, Attorney General

                        	 	 	
                          Mitchell
      E. Daniels, Jr., Governor

                        	 
	Date:    	1/19/07 	 	 	1/24/07 	 


                

              

            

          

        

         

      

       

       

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