FR EA

Contract analysis

Clause-by-clause risk read on any document of the firm. Pick a contract, or open any document from a matter.

Contract analysis / first-set-of-interrogatories.docx
first-set-of-interrogatories.docx
1020-00005 · 10 clauses
High · 1 Medium · 2 Standard · 1
I. DEFINITIONS Medium
⚑ Liability cap to check against exposure
I. DEFINITIONS As used in these interrogatories, the following terms shall have the meanings set forth below: A. "Agreement" or "Off-Take Agreement" shall mean the Master Grain Purchase and Off-Take Agreement dated March 15, 2019, by and between Greenfield Agricultural Partners LLC, as Seller, and Prairie Basin Grain Co., as Buyer, together with all exhibits, schedules, amendments, supplements, and modifications ther
I. "Invoices" shall mean, collectively, the following invoices issued by GAP to PBGC: (i) Standard
⚑ Commercial term
I. "Invoices" shall mean, collectively, the following invoices issued by GAP to PBGC: (i) Invoice No. GAP-2021-3187, dated September 28, 2021, in the amount of $892,500.00; (ii) Invoice No. GAP-2021-3244, dated October 15, 2021, in the amount of $936,750.00; (iii) Invoice No. GAP-2021-3301, dated November 12, 2021, in the amount of $1,224,000.00; (iv) Invoice No. GAP-2021-3358, dated December 8, 2021, in the amount o
1. Each interrogatory shall be answered separately and fully in writing under oath by an
1. Each interrogatory shall be answered separately and fully in writing under oath by an officer, director, or managing agent of PBGC, or by any other person who consents to appear and to testify on behalf of PBGC, in accordance with Illinois Supreme Court Rule 213.
2. If any interrogatory cannot be answered in full after the exercise of due diligence, i
2. If any interrogatory cannot be answered in full after the exercise of due diligence, it shall be answered to the extent possible, and PBGC shall state the reason or reasons for the inability to answer the interrogatory more fully, including a description of the efforts made to obtain the information necessary to provide a complete response.
3. If PBGC objects to any interrogatory or any part thereof, PBGC shall state the objecti
3. If PBGC objects to any interrogatory or any part thereof, PBGC shall state the objection with specificity, setting forth the legal and factual basis for the objection, and shall, to the extent that the interrogatory is not objectionable, provide a response to those portions of the interrogatory as to which no objection is asserted.
4. If any information responsive to an interrogatory is withheld on the basis of any priv Medium
⚑ Liability cap to check against exposure
4. If any information responsive to an interrogatory is withheld on the basis of any privilege, including but not limited to attorney-client privilege or work product protection, PBGC shall provide a privilege log identifying each withheld communication or document with sufficient detail to permit assessment of the claim of privilege, including: (a) the date of the communication or document; (b) the author or sender;
5. These interrogatories are continuing in nature pursuant to Illinois Supreme Court Rule
5. These interrogatories are continuing in nature pursuant to Illinois Supreme Court Rule 213(i). PBGC is under a continuing duty to supplement its answers seasonably if additional or corrective information becomes available after the initial responses are served. Supplemental answers shall be served promptly upon discovery of additional responsive information.
6. Unless otherwise indicated, the use of the singular form of any word includes the plur
6. Unless otherwise indicated, the use of the singular form of any word includes the plural and vice versa. The use of the word "and" shall include the word "or" and vice versa. The use of the word "any" shall be construed as "each and every" and shall not be interpreted to limit the scope of the interrogatory in any manner.
7. Words and phrases not specifically defined herein shall be given their ordinary and co
7. Words and phrases not specifically defined herein shall be given their ordinary and commonly accepted meaning, or the meaning ascribed to them by the Illinois Supreme Court Rules, as applicable.
III. INTERROGATORIES High
⚑ Indemnity / guarantee obligation
III. INTERROGATORIES INTERROGATORY NO. 1 — Corporate Identity and Structure Identify and state the following regarding PBGC's corporate identity and organizational structure: (a) PBGC's full legal name as it appears on its articles of incorporation; (b) PBGC's state of incorporation and the date of incorporation; (c) PBGC's principal place of business, including the complete street address; (d) PBGC's Federal Employe