Common use of Exercising Rights Clause in Contracts

Exercising Rights. (a) Viterra may exercise a right or remedy or give or refuse its consent in any way it considers appropriate (including by imposing conditions), unless this Agreement expressly states otherwise. (b) 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. (c) In making any decision pursuant to this Agreement, Viterra will have regard to the efficient running of the relevant Viterra Facility and the balancing of the interests of all users of that Viterra Facility, and the efficient operation of the South Australian Grain export supply chain. (d) A Party is not liable for any Loss to the extent such Loss is caused by the exercise or attempted exercise of, failure to exercise, or delay in exercising a right or remedy under this Agreement.

Exercising Rights. (a) Viterra may exercise a right or remedy or give or refuse its consent in any way it considers appropriate (including by imposing conditions), unless this Agreement expressly states otherwise. (b) 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. (c) In making any decision pursuant to this Agreement, Viterra will have regard to the efficient running of the relevant Viterra Facility and the balancing of the interests of all users of that Viterra Facility, and the efficient operation of the South Australian Grain export supply chain. (d) A Party is not liable for any Loss to the extent such Loss is caused by the exercise or attempted exercise of, failure to exercise, or delay in exercising a right or remedy under this Agreement.