Common use of Duties of the Warehouse Operator Clause in Contracts

Duties of the Warehouse Operator. 1. In general The Warehouse Operator agrees, unless prevented from doing so by force majeure, to (each of the following): A. exercise at all times such care in regard to maintaining the standard of quality and quantity of grain in custody as a reasonably careful owner would exercise under the same circumstances and conditions, and to keep the grain from going out-of-condition; B. not differentiate among depositors or lawful owners regarding use of and access to services, except that available storage space may be allocated; C. provide all necessary assistance in the execution of inspections and examinations by authorized warehouse examiners; D. maintain, at all times, legal and operational control of all licensed storage space; E. apply for licensing all warehouse space or facilities controlled by the Warehouse Operator at a specific location, among which grain may be transferred without weighing, unless that space or those facilities are physically separated and specifically exempted from the license by AMS; F. apply for an amendment to their license when adding or deleting bins, locations or other space that alters the licensed storage capacity; G. post for public access at all locations, copies of certificates of licensing, current tariff and any special rules; H. report immediately the occurrence of a fire, disaster, or loss, and the extent of damage to AMS; I. ensure that all grain claimed as company-owned is paid for or applied to fully executed contracts within 30 days of final delivery; and J. ensure that contracts involving the application of producer open-storage or credit-sale grain are executed by both parties within 30 days of final application of the grain against the contract and fully reflect the terms of settlement.

Duties of the Warehouse Operator. 1. In general The Warehouse Operator agrees, unless prevented from doing so by force majeure, to (each of the following): A. exercise at all times such care in regard to maintaining the standard of quality and quantity of grain in custody as a reasonably careful owner would exercise under the same circumstances and conditions, and to keep the grain from going out-of-condition; B. not differentiate among depositors or lawful owners regarding use of and access to services, except that available storage space may be allocated; C. provide all necessary assistance in the execution of inspections and examinations by authorized warehouse examiners; D. maintain, at all times, legal and operational control of all licensed storage space; E. apply for licensing all warehouse space or facilities controlled by the Warehouse Operator at a specific location, among which grain may be transferred without weighing, unless that space or those facilities are physically separated and specifically exempted from the license by AMSDACO; F. apply for an amendment to their license when adding or deleting bins, locations or other space that alters the licensed storage capacity; G. post for public access at all locations, copies of certificates of licensing, current tariff and any special rules; H. report immediately the occurrence of a fire, disaster, or loss, and the extent of damage to AMSDACO; I. ensure that all grain claimed as company-owned is paid for or applied to fully executed contracts within 30 days of final delivery; and J. ensure that contracts involving the application of producer open-storage or credit-sale grain are executed by both parties within 30 days of final application of the grain against the contract and fully reflect the terms of settlement.