Common use of Allocation of Capacity following Force Majeure Event Clause in Contracts

Allocation of Capacity following Force Majeure Event. (a) If, as a result of a Force Majeure Event, Viterra identifies that there is likely to be a shortfall in the capacity that is physically available to meet the Capacity entitlements held by clients, then Viterra will take reasonable efforts to make Capacity not affected by the Force Majeure Events available to clients who are affected by the shortfall in accordance with the following principles: (i) to the extent practicable, Capacity not affected by the Force Majeure Event will not be reduced and clients should continue to use their unaffected Capacity entitlements; and (ii) subject to complying with the Port Loading Protocols (including changes made in accordance with clause 14.1(d) of the Port Loading Protocols), Viterra will use reasonable endeavours to make any unallocated Capacity (which is not affected by the Force Majeure Event) available for allocation to clients whose Capacity entitlements are affected by the shortfall at Viterra’s discretion. In exercising its discretion, Viterra will take into account: (A) its contractual obligations to all users of its Port Terminal Services; (B) its non-discrimination obligations under the Code; and (C) the objective of ensuring the efficient utilisation of the relevant Port Terminal. (b) Any allocation made by Viterra under clause 15.3(a) does not affect the operation of clause 15.2. (c) The Client acknowledges that Viterra may unilaterally amend the Port Loading Protocols on a temporary basis during any period of Force Majeure in accordance with clause 14.1(d) of the Port Loading Protocols.

Allocation of Capacity following Force Majeure Event. (a) If, as a result of a Force Majeure Event, Viterra identifies that there is likely to be a shortfall in the capacity that is physically available to meet the Capacity entitlements held by clients, then Viterra will take reasonable efforts to make Capacity not affected by the Force Majeure Events available to clients who are affected by the shortfall in accordance with the following principles: (i) to the extent practicable, Capacity not affected by the Force Majeure Event will not be reduced and clients should continue to use their unaffected Capacity entitlements; and (ii) subject to complying with the Port Loading Protocols (including changes made in accordance with clause 14.1(d) of the Port Loading Protocols), Viterra will use reasonable endeavours to make any unallocated Capacity (which is not affected by the Force Majeure Event) available for allocation to clients whose Capacity entitlements are affected by the shortfall at Viterra’s discretion. In exercising its discretion, Viterra will take into account: (A) its contractual obligations to all users of its Port Terminal Services; (B) its non-discrimination obligations under the Code; and (C) the objective of ensuring the efficient utilisation of the relevant Port Terminal. (b) Any allocation made by Viterra under clause 15.3(a) does not affect the operation of clause 15.2. (c) The Client acknowledges that Viterra may unilaterally amend the Port Loading Protocols on a temporary basis during any period of Force Majeure in accordance with clause 14.1(d) of the Port Loading Protocols.

Allocation of Capacity following Force Majeure Event. (a) If, as a result of a Force Majeure Event, Viterra identifies that there is likely to be a shortfall in the capacity that is physically available to meet the Capacity entitlements held by clients, then Viterra will take reasonable efforts to make Capacity not affected by the Force Majeure Events available to clients who are affected by the shortfall in accordance with the following principles: (i) to the extent practicable, Capacity not affected by the Force Majeure Event will not be reduced and clients should continue to use their unaffected Capacity entitlements; and (ii) subject to complying with the Port Loading Protocols (including changes made in accordance with clause 14.1(d) of the Port Loading Protocols), Viterra will use reasonable endeavours to make any unallocated Capacity (which is not affected by the Force Majeure Event) available for allocation to clients whose Capacity entitlements are affected by the shortfall at Viterra’s discretion. In exercising its discretion, Viterra will take into account: (A) : its contractual obligations to all users of its Port Terminal Services; (B) ; its non-discrimination obligations under the Code; and (C) and the objective of ensuring the efficient utilisation of the relevant Port Terminal. (b) Any allocation made by Viterra under clause 15.3(a) does not affect the operation of clause 15.2. (c) The Client acknowledges that Viterra may unilaterally amend the Port Loading Protocols on a temporary basis during any period of Force Majeure in accordance with clause 14.1(d) of the Port Loading Protocols.

Allocation of Capacity following Force Majeure Event. (a) If, as a result of a Force Majeure Event, Viterra Xxxxxxx identifies that there is likely to be a shortfall in the capacity that is physically available to meet the Capacity entitlements held by clients, then Viterra will take reasonable efforts to make Capacity not affected by the Force Majeure Events Event available to clients who are affected by the shortfall in accordance with the following principles: (i) to the extent practicable, Capacity not affected by the Force Majeure Event will not be reduced and clients should continue to use their unaffected Capacity entitlements; and (ii) subject to complying with the Port Loading Protocols (including changes made in accordance with clause 14.1(d13.1(d) of the Port Loading Protocols), Viterra will use reasonable endeavours to make any unallocated Capacity (which is not affected by the Force Majeure Event) available for allocation to clients whose Capacity entitlements are affected by the shortfall at Viterra’s discretion. In exercising its discretion, Viterra will take into account: (A) its contractual obligations to all users of its Port Terminal Services; (B) its non-discrimination obligations under the Code; and (C) the objective of ensuring the efficient utilisation of the relevant Port Terminal. (b) Any allocation made by Viterra under clause 15.3(a) does not affect the operation of clause 15.2. (c) The Client acknowledges that Viterra may unilaterally amend the Port Loading Protocols on a temporary basis during any period of Force Majeure in accordance with clause 14.1(d13.1(d) of the Port Loading Protocols.

Allocation of Capacity following Force Majeure Event. (a) If, as a result of a Force Majeure Event, Viterra Xxxxxxx identifies that there is likely to be a shortfall in the capacity that is physically available to meet the Capacity entitlements held by clients, then Viterra will take reasonable efforts to make Capacity not affected by the Force Majeure Events available to clients who are affected by the shortfall in accordance with the following principles: (i) to the extent practicable, Capacity not affected by the Force Majeure Event will not be reduced and clients should continue to use their unaffected Capacity entitlements; and (ii) subject to complying with the Port Loading Protocols (including changes made in accordance with clause 14.1(d13.1(d) of the Port Loading Protocols), Viterra will use reasonable endeavours to make any unallocated Capacity (which is not affected by the Force Majeure Event) available for allocation to clients whose Capacity entitlements are affected by the shortfall at Viterra’s discretion. In exercising its discretion, Viterra will take into account: (A) its contractual obligations to all users of its Port Terminal Services; (B) its non-discrimination obligations under the Code; and (C) the objective of ensuring the efficient utilisation of the relevant Port Terminal. (b) Any allocation made by Viterra under clause 15.3(a) does not affect the operation of clause 15.2. (c) The Client acknowledges that Viterra may unilaterally amend the Port Loading Protocols on a temporary basis during any period of Force Majeure in accordance with clause 14.1(d13.1(d) of the Port Loading Protocols.