Contract analysis

I. DEFINITIONS As used in this Request for Production of Documents, the following terms shall have the meanings set forth below: 1. "Agreement" or "Off-Take Agreement" means the Master Grain Purchase and Off-Take Agreement dated March 15, 2019, between GAP (as Seller) and PBGC (as Buyer), including all exhibits, schedules, amendments, and addenda thereto, including without limitation the Musgrave Guaranty attached th

1. Each Request shall be construed broadly and in accordance with the Illinois Supreme Court Rules so as to encompass the fullest range of responsive Documents permissible under the Rules.

2. If any Document is withheld on the basis of any privilege, including but not limited to attorney-client privilege, work-product protection, or any other applicable privilege or immunity, PBGC shall provide a privilege log in compliance with Illinois Supreme Court Rule 201(n), identifying for each withheld Document: (a) the date of the Document; (b) the author and/or sender of the Document; (c) all recipients of th

3. If any Document that would otherwise be responsive to a Request is no longer in PBGC's possession, custody, or control, PBGC shall identify the Document with reasonable specificity, state when the Document was last in PBGC's possession, custody, or control, and describe the circumstances of its disposition, including the identity of any person or entity to whom the Document was transferred, delivered, or made avai

4. If any Document is responsive to more than one Request, it need be produced only once, provided that PBGC includes a notation or cross-reference indicating each Request to which the Document is responsive.

5. All Documents shall be produced as they are kept in the usual course of business, or shall be organized and labeled to correspond with the categories set forth in each Request, as required by Illinois Supreme Court Rule 214.

6. Electronically stored information ("ESI") shall be produced in its native format or in single-page TIFF images accompanied by load files containing searchable extracted text (or OCR text where extracted text is unavailable) and all associated metadata, at Plaintiff's election. Plaintiff reserves the right to specify the format for particular categories of ESI upon review of initial productions.

7. This Request is continuing in nature pursuant to Illinois Supreme Court Rule 214. PBGC is required to supplement its responses promptly and without the necessity of further request if additional responsive Documents are located, discovered, or created after the date of PBGC's initial production.

III. REQUESTS FOR PRODUCTION REQUEST NO. 1 — The Off-Take Agreement and Related Contracts All Documents constituting, relating to, or concerning the Master Grain Purchase and Off-Take Agreement dated March 15, 2019, between GAP and PBGC, including but not limited to: (a) the fully executed Agreement, together with all signature pages; (b) all exhibits to the Agreement, including without limitation Exhibit B (basis di