Common use of Limitations on Company's liability Clause in Contracts

Limitations on Company's liability. The Company’s obligation to Outturn the Client’s Bulk Wheat is modified by the following provisions of this clause: (a) the Company is only liable for damage, destruction or contamination by the Company of the Client’s Bulk Wheat if that damage, destruction or contamination is caused by the gross negligence or wilful default of the Company or its employees, contractors or agents; (b) the liability of the Company to the Client for any such damage, destruction or contamination of Bulk Wheat, if caused by gross negligence or wilful default will not exceed the sum of $250,000 (two hundred and fifty thousand dollars) per event or per series of related events; (c) the Company is not liable for Accidental Loss or Damage to the Client’s Bulk Wheat. (d) notwithstanding any other provision of this Agreement, but subject to any extraneous agreement in writing between the Parties to the contrary, the Company will not be liable for any of the following: (i) claims for Indirect or Consequential Loss; (ii) defects that: (A) are required to be examined by the responsible authority under the provisions of the Export Control Xxx 0000 (Cth); or (B) the Client has taken responsibility for testing prior to shipment, and are not discovered until after the departure of the ship; (iii) quality or quantity claims in respect of a shipment arising upon outturn at a vessel’s destination, if the claims are inconsistent with the records of quantity and quality at the load port and there is no conclusive evidence that such load port records are incorrect or unreliable; (iv) failure by the Company to detect toxic residues, other chemical residues, genetically modified Bulk Wheat or any other contamination, the tests for detection of which are not in general use by the Company or have been advised by the Company to be unreliable relative to the required tolerances; (v) except to the extent caused or contributed to by the gross negligence or wilful default of the Company or its employees, contractors or agents: (A) quality claims arising in respect of Bulk Wheat transferred into the Company’s storage system from another storage system; or (B) downgrading claims in respect of Bulk Wheat blended by the Company at the request of the Client, provided the quality meets the outturn standards of the lowest value grade represented in the blend.

Limitations on Company's liability. The Company’s obligation to Outturn the Client’s Bulk Wheat Grain is modified by the following provisions of this clause: (a) the Company is only liable for damage, destruction or contamination by the Company of the Client’s Bulk Wheat Grain if that damage, destruction or contamination is caused by the gross negligence or wilful default of the Company or its employees, contractors or agents; (b) the liability of the Company to the Client for any such damage, destruction or contamination of Bulk WheatGrain, if caused by gross negligence or wilful default or otherwise any other liability not excluded or limited under the terms of this Agreement will not exceed the sum of $250,000 (two hundred and fifty thousand dollars) per event or per series of related events; (c) the Company is not liable Company’s liability to compensate the Client for Accidental Loss or Damage to the Client’s Bulk Wheat.Grain (other than Export Select Grain) is limited to the Client’s proportion (based on ownership of the Common Stock) of the proceeds of insurance recovered by the Company in respect of such event; (d) notwithstanding any other provision of this Agreement, but subject to any extraneous agreement in writing between the Parties to the contrary, the Company will not be liable for any of the following: (i) claims for Indirect or Consequential Loss; (ii) quality claims arising in respect of Grain transferred into the Company’s storage system from another storage system; (iii) defects that: (A) are required to be examined by the responsible authority under the provisions of the Export Control Xxx 0000 Act 1982 (Cth); or (B) the Client has taken responsibility for testing prior to shipment, whether by road, rail or sea, and are not discovered until after the departure of the ship; (iii) quality or quantity claims in respect of a shipment arising upon outturn at a vessel’s destination, if the claims are inconsistent with the records of quantity and quality at the load port and there is no conclusive evidence that such load port records are incorrect or unreliableTransportation Vehicle; (iv) failure by the Company to detect toxic residues, other chemical residues, genetically modified Bulk Wheat Grain or any other contamination, the tests for detection of which are not in general use by the Company or have been advised by the Company to be unreliable relative to the required tolerances; (v) except to the extent caused or contributed to by the gross negligence or wilful default of the Company or its employees, contractors or agents: (A) quality claims arising in respect of Bulk Wheat transferred into the Company’s storage system from another storage system; or (B) downgrading claims in respect of Bulk Wheat Grain blended by the Company at the request of the Client, provided the quality meets the outturn standards Outturn Standards of the lowest value grade represented in the blend; (vi) quality or quantity claims in respect of a shipment by road, rail or sea arising upon Outturn at the shipment's destination, if the claims are inconsistent with the records of quantity and quality at the destination and there is no conclusive evidence that such records are incorrect or, by exception, unreliable; (e) the Company is entitled to the benefit of any limitation of its liability that is provided for it (whether by exclusion or cap) under a provision in the Pricing, Procedures and Protocols Manual.

Limitations on Company's liability. The Company’s obligation to Outturn the Client’s Bulk Wheat is modified by the following provisions of this clause: (a) the Company is only liable for damage, destruction or contamination by the Company of the Client’s Bulk Wheat if that damage, destruction or contamination is caused by the gross negligence gGross nNegligence or wilful default of the Company or its employees, contractors or agents; (b) the liability of the Company to the Client for any such damage, destruction or contamination of Bulk Wheat, if caused by gross negligence gGross nNegligence or wilful default will not exceed the sum of $250,000 (two hundred and fifty thousand dollars) per event or per series of related events; (c) the Company is not liable for Accidental Loss or Damage to the Client’s Bulk Wheat. (d) notwithstanding any other provision of this Agreement, but subject to any extraneous agreement in writing between the Parties to the contrary, the Company will not be liable for any of the following: (i) claims for Indirect or Consequential Loss; (ii) defects that: (A) are required to be examined by the responsible authority under the provisions of the Export Control Xxx 0000 Act 1982 (Cth); or (B) the Client has taken responsibility for testing prior to shipment, and are not discovered until after the departure of the ship; (iii) quality or quantity claims in respect of a shipment arising upon outturn at a vessel’s destination, if the claims are inconsistent with the records of quantity and quality at the load port and there is no conclusive evidence that such load port records are incorrect or or, by exception, unreliable; (iv) failure by the Company to detect toxic residues, other chemical residues, genetically modified Bulk Wheat or any other contamination, the tests for detection of which are not in general use by the Company or have been advised by the Company to be unreliable relative to the required tolerances; (v) except to the extent caused or contributed to by the gross negligence gGross nNegligence or wilful default of the Company or its employees, contractors or agents: (A) quality claims arising in respect of Bulk Wheat transferred into the Company’s storage system from another storage system; or (B) downgrading claims in respect of Bulk Wheat blended by the Company at the request of the Client, provided the quality meets the outturn standards of the lowest value grade represented in the blend.