SHALL BE EFFECTIVE TWO (2) DAYS AFTER MAILING.
23.
CONSTRUCTION OF TERMS OF AGREEMENT; MODIFICATION.
THE LANGUAGE IN
ALL PARTS OF THIS AGREEMENT SHALL BE CONSTRUCTED AS A WHOLE ACCORDING TO ITS
FAIR MEANING AND NOT STRICTLY FOR OR AGAINST ANY PARTY HERETO.
HEADINGS IN THIS
AGREEMENT ARE FOR CONVENIENCE ONLY AND ARE NOT TO BE CONSTRUED AS A PART OF THIS
AGREEMENT OR AS DEFINING, LIMITING OR AMPLIFYING THE PROVISIONS HEREOF.
THIS
AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND SHALL NOT BE
MODIFIED IN ANY MANNER EXCEPT BY AN INSTRUMENT IN WRITING EXECUTED BY THE
PARTIES HERETO.
IN THE EVENT ANY TERMS, COVENANT OR CONDITION HEREIN CONTAINED
IS HELD TO BE INVALID OR VOID BY ANY COURT OF COMPETENT JURISDICTION, THE
INVALIDITY OF ANY SUCH TERM, COVENANT OR CONDITION SHALL IN NO WAY AFFECT ANY
OTHER TERM, COVENANT OR CONDITION HEREIN CONTAINED.
24.
SUCCESSORS AND ASSIGNS.
SUBJECT TO THE OTHER PROVISIONS OF THIS
AGREEMENT, ALL OF THE TERMS, COVENANTS AND CONDITIONS OF THIS AGREEMENT SHALL
INURE TO THE BENEFIT OF AND SHALL BIND THE PARTIES HERETO AND THEIR SUCCESSORS
AND PERMITTED ASSIGNS.
IN WITNESS WHEREOF, MIDWEST and PROCESSOR have
executed this Agreement effective the day and year first above written.
FOR MIDWEST:
MIDWEST AGRI-COMMODITIES COMPANY
100 Tamal Plaza, Suite 180
Corte Madera, CA 94925
By
/s/ V.C. Hufford
Its
President
FOR PROCESSOR:
AMERICAN CRYSTAL SUGAR COMPANY
101 North Third Street
Moorhead, MN
56560
By
/s/ James J. Horvath
Its
President and CEO