AGSURION NEWSLETTER SUBSCRIPTION AGREEMENT

This Newsletter Subscription Agreement (the "Agreement") is entered into as of 05-09-2024, by and between AgSurion Risk Consulting, a division of CHS Hedging, LLC ("AgSurion")1, and . In consideration of the mutual agreements contained in this Agreement, AgSurion and Subscriber (collectively, the "parties") agree as follows:

  1. Services. On a weekly basis (on or around Saturday), AgSurion will distribute a newsletter to Subscriber that discusses various commodity marketing and risk management items and recommendations. AgSurion may also, in its sole discretion, distribute "Mid-Week Updates" to Subscriber. As used herein, the weekly newsletter and Mid-Week Updates are collectively referred to as the "Newsletter".
  2. Fees. The cost of the service is , which is payable on the date that the Agreement is signed and, absent termination, annually each year thereafter. AgSurion reserves the right to raise the subscription fee upon giving written notice to Subscriber at least 60 days prior to the effective date of any such fee increase.
  3. Subscriber's Representations, Warranties and Covenants.
    1. Subscriber has the requisite authority to enter into this Agreement and its conduct shall be in compliance with all applicable laws, regulations, and orders.
    2. Subscriber shall maintain fax or e-mail capability to allow for timely communications from AgSurion. It is Subscriber's responsibility to inform AgSurion of any change in communication address or method.
    3. Subscriber shall not transfer or assign its rights and obligations under this Agreement without the prior written consent of AgSurion.
    4. Subscriber shall use the newsletter only for its own business purposes. Subscriber may not sell, license, distribute or disseminate the Newsletter to any person (including via social media or the Internet). Subscriber may not modify, copy or reproduce the Newsletter or create derivative works from the Newsletter.
    5. Subscriber shall take all commercially reasonable steps to protect the copyrights and trademarks owned by AgSurion and its affiliates.
  4. Term and Termination. The term of this Agreement is one (1) year. This Agreement will automatically renew for successive annual periods. The Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice prior to the semi-annual renewal date of this Agreement. Notwithstanding the above, AgSurion may terminate service under this Agreement at any time, without penalty, if the Subscriber fails to comply with any term or condition of this Agreement.
  5. Use of Subscriber's Information. Information provided by Subscriber to AgSurion will be collected, maintained and may be disclosed in accordance with AgSurion's Privacy Policy, a copy of which is attached hereto as Exhibit A.
  6. Disclosures; Disclaimers. AgSurion will make good faith efforts to ensure that the Newsletter is complete and accurate, but all content of the Newsletter is provided "as is" without any warranty of any kind, either express or implied. AgSurion is under no obligation to update or correct any information provided in a Newsletter. The views offered in the Newsletter are subject to change without notice. Recommendations or opportunities made known to you in a Newsletter: (i) may not be suitable for you; (ii) do not take into account your particular objectives, financial situation or needs; and (iii) are not intended to provide advice or recommendations tailored to your particular circumstances.
  7. Limitation of Liability; Indemnity. AgSurion and its affiliates and each of their employees and agents shall not be liable to the Subscriber, or to anyone who may claim any right due to any relationship with the Subscriber, for any acts or omissions relating to the Newsletter or any services arising therefrom. Subscriber assumes the sole responsibility of all use of the Newsletter and agrees to defend, indemnify and hold AgSurion and its affiliates and each of their employees and agents harmless from any liability or claim of any person arising from such use.
  8. Governing Law; Forum.
    1. The laws of the State of Minnesota will govern this Agreement without regard to conflict of laws provisions; and
    2. if Subscriber opens or has opened an account or accounts of any type or kind with CHS Hedging, LLC and Subscriber has executed an arbitration agreement ("Arbitration Agreement") in connection therewith, such Arbitration Agreement shall control and shall be deemed a part of and incorporated by reference into this Agreement; or
    3. if Subscriber does not open and has not opened an account or accounts with CHS Hedging, LLC and Subscriber has not executed an Arbitration Agreement, the Parties agree that any controversy, dispute, or claim of any nature based on or arising out of this Agreement (collectively, "Claim"), or in connection with or relating to, the interpretation, performance or alleged breach of this Agreement (collectively, "Performance"), including any claim based on contract, tort, or right of action conferred or implied by statute, shall be settled by final and binding arbitration in St. Paul, Minnesota by arbitration conducted and administered in accordance with the then existing Commercial Arbitration Rules of the American Arbitration Association. Judgment upon any resulting arbitration award may be entered by any state or federal court of competent jurisdiction. The foregoing notwithstanding, AgSurion shall retain the right to seek injunctive relief in any appropriate state or federal court regarding any Claim or Performance.
  9. Additional Provisions.
    1. This Agreement constitutes the entire Agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.
    2. This Agreement may be amended or modified only by a written instrument executed by both parties.
    3. The waiver or consent regarding any term, provision, or condition of this Agreement given by either party on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.
    4. The parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to equitable relief.
    5. Subscriber agrees that it is entering into this Agreement voluntarily, has had ample opportunity to review this Agreement with Subscriber's legal advisors, and enters into this Agreement of its own free will without relying on any statement or representation of AgSurion.

[1] AgSurion Risk Consulting is a registered service mark of CHS Inc.

By signing below, you agree that you have read and will abide by all of the above terms and conditions and that you are authorized to sign on behalf of your organization or business.


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