Common use of Grazing Management Clause in Contracts

Grazing Management. Inspection‌ 8.1 The Stock shall be located and grazed on the Land without cost to us (other than such costs which we may specifically agree to pay as specified in any Supplementary Agreement) and, except as provided in this Agreement or in another agreement in writing between us and you, will not be removed without our prior written consent. 8.2 You will farm the Stock in accordance with the best farming practice for the district where the Stock is grazed with the intent that the Stock should, within the time frame specified in any Schedule or Supplementary Agreement or in any subsequent amendment, reach the weight and general condition referred to in any Schedule or Supplementary Agreement or in any subsequent amendment and any legal inspection requirements at the time of sale. 8.3 You undertake that where any Feed Payment has been made to you in accordance with clause 9 that those funds will be used strictly for the purpose of feed, maintenance and development of the Stock. you agree to provide us with evidence of such use upon request. 8.4 You will at your expense meet all farm management and animal health (including veterinary expenses) needs required to maintain the Stock. You will allow our representatives access to the land upon which the Stock is being grazed for inspection of the Stock. 8.5 If the Land is leased by, or otherwise not owned by you, then you must obtain an acknowledgement from the owner of the Land and any lessee or sub lessee that they have no right, title or interest in the Stock, and that they each consent to us, or any agent or assignee of ours, entering upon the Land to inspect and/or take possession of the Stock at any time. 8.6 In the event that the Land is subject to a mortgage then you must procure from the mortgagee a Deed of Covenant and right of access for us and our assignees and agents. 8.7 You will if requested by us effect such insurance as we reasonably require to ensure that you are able to meet your obligations under this Agreement which may include Mortality Insurance and/or Trade Credit Insurance, on terms acceptable to us and you agree to provide confirmation of such insurance cover noting us as an interested party on our request. You undertake to hold such insurance for the term of this Agreement. 8.8 You will report to us any deficiency in feed, or disease, or some other factor which will or may place in jeopardy the attainment of the number and weight targets (as specified in any Schedule or Supplementary Agreement or amendment) on the due sale date. Upon receiving such a report, or if we otherwise become aware that the Stock may or will not achieve such targets, then you will consult with us to the intent that you will take proper steps required by us to remedy the situation. In the event that it is decided that the Stock are to be moved to better pasture and feed off the Land, all related costs shall be paid for by you. We shall be entitled to remove the Stock from the Land, or any other land where the Stock may be located, and carry out a sale of the Stock either by auction or private agreement, or xxxxxxxxx the Stock wherever it is located. You agree to co-operate fully with the identification, rounding up and removal of the Stock. The proceeds of the sale will be paid direct to us. You shall pay to us, the shortfall between the price received from such a sale and: (a) The aggregate Purchase Price of the Stock and any Feed Payment paid by us plus interest calculated daily at the Default Rate and compounded monthly on the first day of each calendar month and any fees due to us until payment is made; and (b) In the event there is any excess money from the proceeds of sale after payment to us then such excess shall belong to you. 8.9 You will farm the Stock according to the principles of good animal husbandry and take all reasonable care for the safety, wellbeing and security of the Stock. 8.10 You will in addition at all times: (a) Maintain suitable feed and pasture for the proper development and growth of the Stock and will not carry any more Stock on the Land than is normal custom in the ordinary course of feedlot or pastoral farming. (b) Ensure that at all times an adequate supply of water is available for the Stock and on the Land. (c) Arrange for such veterinary care and carry out such drenching and other animal health measures as are required by the best principles of animal husbandry. (d) Comply with all requirements of any notice or requisition relating to the Land served on you by any local body, governmental or other proper authority. (e) Pay all outgoings at any time payable in respect of the Land and all other costs incurred in respect of keeping the Stock in terms of this Agreement including all farm management and veterinary expenses required to maintain the Stock. (f) Arrange for all Stock to be tested on the Land at regular intervals for such disease testing as may be required by law. (g) Pay all levies payable on the Stock and in the event that we are required to pay any such levies you agree to reimburse us within 7 days of demand. (h) Comply with all proceedings specified by lawful authorities whenever required in respect of hormonal growth promotants or other obligations under relevant legislation. (i) Accept liability for any failure to comply with procedures specified by government authority in respect of any hormonal growth promotant treatment and/or for any failure to comply with residue withholding periods published by the Australian Pesticides and Veterinary Medicines Authority in accordance with the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cth). 8.11 We may, at any time, determine whether you are in compliance with this clause and may employ such consultants or persons as in our absolute discretion we think fit to assist in making that determination. You must reimburse us for any fees paid to any such persons upon receipt of a written demand, and will pay any fees due direct to any such persons upon request by us. Any determination by us that you are not in compliance with this clause will in the absence of manifest error be final and binding on you.

Grazing Management. Inspection‌Inspection 8.1 6.1. The Stock shall be located and grazed on the Land without cost to us (other than such costs which we may specifically agree to pay as specified in any Supplementary Agreement) and, except as provided in this Agreement or in another agreement in writing between us and youus, will not be removed without our prior written consent. 8.2 6.2. You will farm the Stock in accordance with the best farming practice for the district where the Stock is grazed with the intent that the Stock should, within the time frame specified in any Schedule or Supplementary Agreement or in any subsequent amendment, reach the weight and general condition referred to in any Schedule or Supplementary Agreement or in any subsequent amendment and any legal inspection requirements at the time of delivery for sale. 8.3 You undertake that where any Feed Payment has been made to you in accordance with clause 9 that those funds will be used strictly for the purpose of feed, maintenance and development of the Stock6.3. you agree to provide us with evidence of such use upon request. 8.4 You will at your expense meet all farm management and animal health (including veterinary expenses) needs required to maintain the Stock. You will allow our representatives of StockCo access to the land upon which the Stock is being grazed for inspection of the Stock. 8.5 6.4. If at the time when Stock is transferred pursuant to this Agreement, that Stock is not already situated on the Land, then you are liable for all of the costs of transport and delivery of the Stock to the Land. 6.5. If the Land is leased by, or otherwise not owned by you, then you must obtain an acknowledgement from the owner of the Land and any lessee or sub lessee sublesse that they have no right, title or interest in the Stock, and that they each consent to us, or any agent or assignee of ours, entering upon the Land to inspect and/or take possession of the Stock at any time. 8.6 6.6. In the event that the Land is subject to a mortgage then you must procure from the mortgagee a Deed of Covenant and right of access for us and our assignees and agents. 8.7 You will if requested by us effect such insurance as we reasonably require to ensure that you are able to meet your obligations under this Agreement which may include Mortality Insurance and/or Trade Credit Insurance, on terms acceptable to us and you agree to provide confirmation of such insurance cover noting us as an interested party on our request6.7. You undertake to hold such insurance for the term of this Agreement. 8.8 You will report to us any deficiency in feed, or disease, or some other factor which will or may place in jeopardy the attainment of the number and weight targets (as specified in any Schedule or Supplementary Agreement or amendment) on the due sale delivery date. Upon receiving such a report, or if we We otherwise become aware that the Stock may or will not achieve such targets, then you You will consult with us to the intent that you You will take proper steps required by us to remedy the situation. In the event that it is decided that the Stock are to be moved to better pasture and feed off the Land, all related costs shall be paid for by you. You, We shall be entitled to remove the Stock from the Land, or any other land where the Stock may be located, Your property and carry out a sale of the Stock either by auction or private agreement, or xxxxxxxxx the Stock wherever it is located. You agree to co-operate fully with the identification, rounding up and removal of the Stock. The proceeds of the sale will be paid direct to us. If requested by us, You shall pay to usus as liquidated damages, the shortfall between the price received from such a sale andand the greater of: (a) The 6.7.1 An amount equal to the aggregate Purchase Price cost price of the Stock and any Feed Payment paid by us plus interest calculated daily at a rate of 6% in excess of the Default Rate and compounded monthly on interest rate specified in the first day of each calendar month Schedule and any fees due to us until payment is made; and. (b) 6.7.2 The costs and expenses of ours incurred as a result of the application of clause 6.4. 6.7.3 In the event there is any excess money from the proceeds of sale after payment to us then such excess shall belong to you. 8.9 You will farm the Stock according to the principles of good animal husbandry and take all reasonable care for the safety, wellbeing and security of the Stock. 8.10 You will in addition at all times: (a) Maintain suitable feed and pasture for the proper development and growth of the Stock and will not carry any more Stock on the Land than is normal custom in the ordinary course of feedlot or pastoral farming. (b) Ensure that at all times an adequate supply of water is available for the Stock and on the Land. (c) Arrange for such veterinary care and carry out such drenching and other animal health measures as are required by the best principles of animal husbandry. (d) Comply with all requirements of any notice or requisition relating to the Land served on you by any local body, governmental or other proper authority. (e) Pay all outgoings at any time payable in respect of the Land and all other costs incurred in respect of keeping the Stock in terms of this Agreement including all farm management and veterinary expenses required to maintain the Stock. (f) Arrange for all Stock to be tested on the Land at regular intervals for such disease testing as may be required by law. (g) Pay all levies payable on the Stock and in the event that we are required to pay any such levies you agree to reimburse us within 7 days of demand. (h) Comply with all proceedings specified by lawful authorities whenever required in respect of hormonal growth promotants or other obligations under relevant legislation. (i) Accept liability for any failure to comply with procedures specified by government authority in respect of any hormonal growth promotant treatment and/or for any failure to comply with residue withholding periods published by the Australian Pesticides and Veterinary Medicines Authority in accordance with the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cth). 8.11 We may, at any time, determine whether you are in compliance with this clause and may employ such consultants or persons as in our absolute discretion we think fit to assist in making that determination. You must reimburse us for any fees paid to any such persons upon receipt of a written demand, and will pay any fees due direct to any such persons upon request by us. Any determination by us that you are not in compliance with this clause will in the absence of manifest error be final and binding on you.

Grazing Management. Inspection‌ 8.1 9.1 The Stock shall be located and grazed on the Land without cost to us (other than such costs which we may specifically agree to pay as specified in any Supplementary Agreement) and, except as provided in this Agreement or in another agreement in writing between us and you, will not be removed without our prior written consent.consent.‌ 8.2 9.2 You will farm the Stock in accordance with the best farming practice for the district where the Stock is grazed with the intent that the Stock should, within the time frame specified in any Schedule or Supplementary Agreement or in any subsequent amendment, reach the weight and general condition referred to in any Schedule or Supplementary Agreement or in any subsequent amendment and any legal inspection requirements at the time of sale.sale.‌ 8.3 9.3 You undertake that where any Feed Payment has been made to you in accordance with clause 9 10 that those funds will be used strictly for the purpose of feed, maintenance and development of the Stock. you You agree to provide us with evidence of such use upon request. 8.4 9.4 You will at your expense meet all farm management and animal health (including veterinary expenses) needs required to maintain the Stock. You will allow our representatives access to the land upon which the Stock is being grazed for inspection of the Stock. 8.5 9.5 If at the time when Stock is purchased by us pursuant to this Agreement, that Stock is not already situated on the Land, then you are liable for all of the costs of transport and delivery of the Stock to the Land. 9.6 If the Land is leased by, or otherwise not owned by you, then you must obtain an acknowledgement from the owner of the Land and any lessee or sub lessee that they have no right, title or interest in the Stock, and that they each consent to us, or any agent or assignee of ours, entering upon the Land to inspect and/or take possession of the Stock at any time. 8.6 9.7 In the event that the Land is subject to a mortgage then you must procure from the mortgagee a Deed of Covenant and right of access for us and our assignees and agents. 8.7 You will if requested by us effect such insurance as we reasonably require to ensure that you are able to meet your obligations under this Agreement which may include Mortality Insurance and/or Trade Credit Insurance, on terms acceptable to us and you agree to provide confirmation of such insurance cover noting us as an interested party on our request. You undertake to hold such insurance for the term of this Agreement. 8.8 You will report to us any deficiency in feed, or disease, or some other factor which will or may place in jeopardy the attainment of the number and weight targets (as specified in any Schedule or Supplementary Agreement or amendment) on the due sale date. Upon receiving such a report, or if we otherwise become aware that the Stock may or will not achieve such targets, then you will consult with us to the intent that you will take proper steps required by us to remedy the situation. In the event that it is decided that the Stock are to be moved to better pasture and feed off the Land, all related costs shall be paid for by you. We shall be entitled to remove the Stock from the Land, or any other land where the Stock may be located, and carry out a sale of the Stock either by auction or private agreement, or xxxxxxxxx the Stock wherever it is located. You agree to co-operate fully with the identification, rounding up and removal of the Stock. The proceeds of the sale will be paid direct to us. You shall pay to us, the shortfall between the price received from such a sale and: (a) The aggregate Purchase Price of the Stock and any Feed Payment paid by us plus interest calculated daily at the Default Rate and compounded monthly on the first day of each calendar month and any fees due to us until payment is made; and (b) In the event there is any excess money from the proceeds of sale after payment to us then such excess shall belong to you. 8.9 You will farm the Stock according to the principles of good animal husbandry and take all reasonable care for the safety, wellbeing and security of the Stock. 8.10 You will in addition at all times: (a) Maintain suitable feed and pasture for the proper development and growth of the Stock and will not carry any more Stock on the Land than is normal custom in the ordinary course of feedlot or pastoral farming. (b) Ensure that at all times an adequate supply of water is available for the Stock and on the Land. (c) Arrange for such veterinary care and carry out such drenching and other animal health measures as are required by the best principles of animal husbandry. (d) Comply with all requirements of any notice or requisition relating to the Land served on you by any local body, governmental or other proper authority. (e) Pay all outgoings at any time payable in respect of the Land and all other costs incurred in respect of keeping the Stock in terms of this Agreement including all farm management and veterinary expenses required to maintain the Stock. (f) Arrange for all Stock to be tested on the Land at regular intervals for such disease testing as may be required by law. (g) Pay all levies payable on the Stock and in the event that we are required to pay any such levies you agree to reimburse us within 7 days of demand. (h) Comply with all proceedings specified by lawful authorities whenever required in respect of hormonal growth promotants or other obligations under relevant legislation. (i) Accept liability for any failure to comply with procedures specified by government authority in respect of any hormonal growth promotant treatment and/or for any failure to comply with residue withholding periods published by the Australian Pesticides and Veterinary Medicines Authority in accordance with the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cth). 8.11 We may, at any time, determine whether you are in compliance with this clause and may employ such consultants or persons as in our absolute discretion we think fit to assist in making that determination. You must reimburse us for any fees paid to any such persons upon receipt of a written demand, and will pay any fees due direct to any such persons upon request by us. Any determination by us that you are not in compliance with this clause will in the absence of manifest error be final and binding on you.

Grazing Management. Inspection‌Inspection 8.1 6.1. The Stock shall be located and grazed on the Land without cost to us (other than such costs which we may specifically agree to pay as specified in any Supplementary Agreement) and, except as provided in this Agreement or in another agreement in writing between us and youus, will not be removed without our prior written consent. 8.2 6.2. You will farm the Stock in accordance with the best farming practice for the district where the Stock is grazed with the intent that the Stock should, within the time frame specified in any Schedule or Supplementary Agreement or in any subsequent amendment, reach the weight and general condition referred to in any Schedule or Supplementary Agreement or in any subsequent amendment and any legal inspection requirements at the time of delivery for sale. 8.3 You undertake that where any Feed Payment has been made to you in accordance with clause 9 that those funds will be used strictly for the purpose of feed, maintenance and development of the Stock6.3. you agree to provide us with evidence of such use upon request. 8.4 You will at your expense meet all farm management and animal health (including veterinary expenses) needs required to maintain the Stock. You will allow our representatives of StockCo access to the land upon which the Stock is being grazed for inspection of the Stock. 8.5 6.4. If at the time when Stock is transferred pursuant to this Agreement, that Stock is not already situated on the Land, then you are liable for all of the costs of transport and delivery of the Stock to the Land. 6.5. If the Land is leased by, or otherwise not owned by you, then you must obtain an acknowledgement from the owner of the Land and any lessee or sub lessee sublesse that they have no right, title or interest in the Stock, and that they each consent to us, or any agent or assignee of ours, entering upon the Land to inspect and/or take possession of the Stock at any time. 8.6 6.6. In the event that the Land is subject to a mortgage then you must procure from the mortgagee a Deed of Covenant and right of access for us and our assignees and agents. 8.7 You will if requested by us effect such insurance as we reasonably require to ensure that you are able to meet your obligations under this Agreement which may include Mortality Insurance and/or Trade Credit Insurance, on terms acceptable to us and you agree to provide confirmation of such insurance cover noting us as an interested party on our request6.7. You undertake to hold such insurance for the term of this Agreement. 8.8 You will report to us any deficiency in feed, or disease, or some other factor which will or may place in jeopardy the attainment of the number and weight targets (as specified in any Schedule or Supplementary Agreement or amendment) on the due sale delivery date. Upon receiving such a report, or if we We otherwise become aware that the Stock may or will not achieve such targets, then you You will consult with us to the intent that you You will take proper steps required by us to remedy the situation. In the event that it is decided that the Stock are to be moved to better pasture and feed off the Land, all related costs shall be paid for by you. You, We shall be entitled to remove the Stock from the Land, or any other land where the Stock may be located, Your property and carry out a sale of the Stock either by auction or private agreement, or xxxxxxxxx the Stock wherever it is located. You agree to co-co- operate fully with the identification, rounding up and removal of the Stock. The proceeds of the sale will be paid direct to us. If requested by us, You shall pay to usus as liquidated damages, the shortfall between the price received from such a sale andand the greater of: (a) The 6.7.1 An amount equal to the aggregate Purchase Price cost price of the Stock and any Feed Payment paid by us plus interest calculated daily at a rate of 6% in excess of the Default Rate and compounded monthly on interest rate specified in the first day of each calendar month Schedule and any fees due to us until payment is made; and. (b) 6.7.2 The costs and expenses of ours incurred as a result of the application of clause 6.4. 6.7.3 In the event there is any excess money from the proceeds of sale after payment to us then such excess shall belong to you. 8.9 You will farm the Stock according to the principles of good animal husbandry and take all reasonable care for the safety, wellbeing and security of the Stock. 8.10 You will in addition at all times: (a) Maintain suitable feed and pasture for the proper development and growth of the Stock and will not carry any more Stock on the Land than is normal custom in the ordinary course of feedlot or pastoral farming. (b) Ensure that at all times an adequate supply of water is available for the Stock and on the Land. (c) Arrange for such veterinary care and carry out such drenching and other animal health measures as are required by the best principles of animal husbandry. (d) Comply with all requirements of any notice or requisition relating to the Land served on you by any local body, governmental or other proper authority. (e) Pay all outgoings at any time payable in respect of the Land and all other costs incurred in respect of keeping the Stock in terms of this Agreement including all farm management and veterinary expenses required to maintain the Stock. (f) Arrange for all Stock to be tested on the Land at regular intervals for such disease testing as may be required by law. (g) Pay all levies payable on the Stock and in the event that we are required to pay any such levies you agree to reimburse us within 7 days of demand. (h) Comply with all proceedings specified by lawful authorities whenever required in respect of hormonal growth promotants or other obligations under relevant legislation. (i) Accept liability for any failure to comply with procedures specified by government authority in respect of any hormonal growth promotant treatment and/or for any failure to comply with residue withholding periods published by the Australian Pesticides and Veterinary Medicines Authority in accordance with the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cth). 8.11 We may, at any time, determine whether you are in compliance with this clause and may employ such consultants or persons as in our absolute discretion we think fit to assist in making that determination. You must reimburse us for any fees paid to any such persons upon receipt of a written demand, and will pay any fees due direct to any such persons upon request by us. Any determination by us that you are not in compliance with this clause will in the absence of manifest error be final and binding on you.