Common use of Capacity Management Clause in Contracts

Capacity Management. The Client acknowledges that: (a) notwithstanding any other clause in this Agreement, Viterra will provide the Services on a non-exclusive basis; (b) nothing in this Agreement prevents Viterra from permitting third parties to use Viterra’s Facilities for any purpose; (c) certain rights have been granted to Other Clients to use Viterra’s Facilities; and (d) there may be capacity constraints in relation to the provision of Services at particular times and, in managing demand for and in making operational decisions in the course of providing Services, Viterra will comply with the capacity management arrangements set out in this Agreement, including the Port Loading Protocols and in the Code.

Capacity Management. The Client acknowledges that: (a) notwithstanding any other clause in this Agreement, Viterra will provide the Port Terminal Services on a non-exclusive basis; (b) nothing in this Agreement prevents Viterra from permitting third parties to use Viterra’s its Port Terminal Facilities for any purpose; (c) certain rights have been granted to Other Clients to use Viterra’s Facilities; and (d) there may be capacity constraints in relation to the provision of Port Terminal Services at particular times and, and in managing demand for and in making operational decisions in the course of providing Port Terminal Services, Viterra will comply with the capacity management arrangements set out in this Agreement, including the Port Loading Protocols Protocols, and in the Code.

Capacity Management. The Client acknowledges that: (a) notwithstanding any other clause in this Agreement, Viterra will provide the Port Terminal Services on a non-non- exclusive basis; (b) nothing in this Agreement prevents Viterra from permitting third parties to use Viterra’s its Port Terminal Facilities for any purpose; (c) certain rights have been granted to Other Clients to use Viterra’s Facilities; and (d) there may be capacity constraints in relation to the provision of Port Terminal Services at particular times and, and in managing demand for and in making operational decisions in the course of providing Port Terminal Services, Viterra will comply with the capacity management arrangements set out in this Agreement, including the Port Loading Protocols Protocols, and in the Code.