FULLY SEVERABLE; THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED AS IF SUCH
ILLEGAL, INVALID, OR UNENFORCEABLE PROVISION HAD NEVER COMPRISED A PART OF THIS
AGREEMENT; AND THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL REMAIN IN FULL
FORCE AND EFFECT AND SHALL NOT BE AFFECTED BY THE ILLEGAL, INVALID, OR
UNENFORCEABLE PROVISION OR BY ITS SEVERANCE FROM THIS AGREEMENT.
FURTHERMORE,
IN LIEU OF SUCH ILLEGAL, INVALID, OR UNENFORCEABLE PROVISION, THERE SHALL BE
ADDED AUTOMATICALLY AS A PART OF THIS AGREEMENT A PROVISION AS SIMILAR IN TERMS
TO SUCH ILLEGAL, INVALID, OR UNENFORCEABLE PROVISION AS MAY BE POSSIBLE AND BE
LEGAL, VALID, AND ENFORCEABLE.
7.
ADDITIONAL DOCUMENTS AND ACTS.
DAKOTA
ETHANOL L.L.C. AGREES TO EXECUTE AND DELIVER SUCH ADDITIONAL DOCUMENTS AND
INSTRUMENTS AND TO PERFORM SUCH ADDITIONAL ACTS AS MAY BE NECESSARY OR
APPROPRIATE TO EFFECTUATE, CARRY OUT AND PERFORM ALL OF THE TERMS, PROVISIONS,
AND CONDITIONS OF THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY.
8.
NO THIRD PARTY BENEFICIARY.
THIS
AGREEMENT IS MADE SOLELY AND SPECIFICALLY AMONG AND FOR THE BENEFIT OF THE
PARTIES HERETO, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND NO OTHER PERSON
WILL HAVE ANY RIGHT, INTEREST, OR CLAIMS HEREUNDER OR BE ENTITLED TO ANY
BENEFITS UNDER OR ON ACCOUNT OF THIS AGREEMENT AS A THIRD PARTY BENEFICIARY OR
OTHERWISE.
9.
NOTICES.
ANY NOTICE TO BE GIVEN OR TO
BE SERVED UPON THE COMPANY OR ANY PARTY HERETO IN CONNECTION WITH THIS AGREEMENT
MUST BE IN WRITING AND WILL BE DEEMED TO HAVE BEEN GIVEN AND RECEIVED WHEN
DELIVERED TO THE ADDRESS SPECIFIED BY THE PARTY TO RECEIVE THE NOTICE.
SUCH
NOTICES WILL BE GIVEN TO DAKOTA ETHANOL L.L.C. AT THE ADDRESS SPECIFIED IN THE
COMPANY'S REQUIRED RECORDS.
DAKOTA ETHANOL L.L.C.MAY, AT ANY TIME BY GIVING
FIVE (5) DAYS' PRIOR WRITTEN NOTICE TO THE OTHER MEMBERS AND THE COMPANY,
DESIGNATE ANY OTHER ADDRESS IN SUBSTITUTION OF THE FOREGOING ADDRESS TO WHICH
SUCH NOTICE WILL BE GIVEN.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and
year first above written.
RENEWABLE PRODUCTS
MARKETING GROUP, LLC
By
/s/ Ron B. Gillis
Its
CFO
DAKOTA ETHANOL L.L.C.
By
/s/ Brian Woldt
Its
Chairman
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