Discretions and Approvals. (a) Whenever the Client is required to form an opinion, give approval, exercise a discretion or perform any act under this Agreement, it must be done reasonably in the circumstances and based on reasonable grounds, and not capriciously, or arbitrarily refused or unduly delayed.
(b) In making any decision pursuant to this Agreement, the Company will have regard to the efficient running of the relevant Port Terminal Facility and the balancing of the interests of all users of that Port Terminal Facility.
Discretions and Approvals. (a) Whenever the Client is required to form an opinion, give approval, exercise a discretion or perform any act under this Agreement, it must be done reasonably in the circumstances and based on reasonable grounds, and not capriciously, or arbitrarily refused or unduly delayed.
(b) In making any decision pursuant to this Agreement, the Company will have regard to the efficient operation of the relevant Company Facility and the balancing of the interests of all users of that Company Facility or otherwise the Grain industry generally.
(c) Any refusal by the Company to accept a request for a Service will not be a breach of this Agreement if in its reasonable opinion it is in the best interests of the efficient operation of the Company Facility or otherwise the Grain industry generally.
