Common use of Limitations on Viterra’s liability Clause in Contracts

Limitations on Viterra’s liability. Notwithstanding any other provision of this Agreement, the Client agrees that Viterra’s liability under or in connection with this Agreement, including Viterra’s obligation to Outturn the Client’s Bulk Wheat is limited by the following provisions of this clause: (a) Viterra is only liable for damage, destruction or contamination of the Client’s Bulk Wheat if that damage, destruction or contamination arises as a result of the gross negligence or wilful default of Viterra or its employees, contractors or agents; (b) the liability of Viterra to the Client for any Loss including damage, destruction or contamination of Bulk Wheat (for whatever reason referred to in clause 13.3(a) will not exceed the sum of $250,000 in each Service Year; (c) Viterra is not liable for Accidental Loss or Damage to the Client’s Bulk Wheat; (d) Viterra 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) claims for port or other charges relating to or in connection with the Port Terminal Services including vessel, stevedoring, Department of Agriculture or other Government agency fees or charges or other claims for demurrage or loss suffered as a result of delays in providing the Port Terminal Services; (iv) claims relating to or in connection with any difference or discrepancy between the Receival (Classification) Standards, Outturn Standards and any other harvest quality information, data or statistics published by Viterra from time to time and the provision of, or the purported reliance upon, or use of, that other information, data or statistics by the Client; (v) quality or quantity claims in respect of a shipment by rail, road or sea arising upon outturn at a Transportation Vehicle’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; (vi) failure to detect toxic or other chemical residues, contamination, genetically modified Grain, germinative energy and capacity and varietal purity or any quality parameter of Grain, if these are not tested for by Viterra when receiving the Grain at the Port Terminal Facility; or (vii) except to the extent caused or contributed to by the gross negligence or wilful default of Viterra or its employees, contractors or agents: (A) quality claims arising in respect of Bulk Wheat transferred into Viterra’s storage system from another storage system; or (B) downgrading claims in respect of Bulk Wheat blended by Viterra at the request of the Client, provided the quality meets the Outturn Standards of the lowest value grade represented in the blend. The Client unconditionally and irrevocably releases Viterra from all liability of whatsoever nature in respect of the matters set out in clauses 13.3(a) to 13.3(d) (inclusive) except to the extent expressly specified in this clause.

Limitations on Viterra’s liability. Notwithstanding any other provision of this Agreement, the Client agrees that Viterra’s liability under or in connection with this Agreement, including Viterra’s obligation to Outturn the Client’s Bulk Wheat Grain is limited by the following provisions of this clause: (a) Viterra is only liable for damage, destruction or contamination by Viterra of the Client’s Bulk Wheat Grain if that damage, destruction or contamination arises as a result of the gross negligence or wilful default of Viterra or its employees, contractors or agents; (b) the liability of Viterra to the Client for any Loss including damage, destruction or contamination of Bulk Wheat (for whatever reason Grain referred to in clause 13.3(a13.3(a)a) will not exceed the sum of $250,000 in each Service Year; (c) Viterra is not liable for Accidental Loss or Damage to the Client’s Bulk WheatGrain except to the extent covered by insurance obtained in accordance with clause 14.1; (d) Viterra 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, whether by road, rail or sea, and are not discovered until after the departure of the shipTransportation Vehicle; (iii) claims for port or other charges relating to or in connection with the Port Terminal Services including vessel, stevedoring, Department of Agriculture DAWR or other Government agency fees or charges or other claims for demurrage or loss suffered as a result of delays in providing the Port Terminal Services; (iv) claims relating to or in connection with any difference or discrepancy between the Receival (Classification) Standards, Outturn Standards and any other harvest quality information, data or statistics published by Viterra from time to time and the provision of, or the purported reliance upon, or use of, that other information, data or statistics by the Client; (v) claims relating to or in connection with any difference or discrepancy in the actual quality of the Grain for the entire parcel not able to be identified through Composite Sampling; (vi) quality or quantity claims in respect of a shipment by rail, road or sea arising upon outturn Outturn at a the Transportation Vehicle’s destination, if the claims are inconsistent with the records of quantity and quality at the load port loading and there is no conclusive evidence that such load port records are incorrect or or, by exception, unreliable; (vivii) failure to detect toxic or other chemical residues, contamination, genetically modified Grain, germinative energy and capacity and varietal purity or any quality parameter of Grain, if these are not tested for by Viterra when receiving the Grain at the Port Terminal a Viterra Facility; or (viiviii) except to the extent caused or contributed to by the gross negligence or wilful default of Viterra or its employees, contractors or agents: (A) quality claims arising in respect of Bulk Wheat Grain transferred into Viterra’s storage system from another storage system; or; (B) downgrading claims in respect of Bulk Wheat Grain blended by Viterra at the request of the Client, provided the quality meets the Outturn Standards of the lowest value grade represented in the blend; (e) Viterra 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. The Client unconditionally and irrevocably releases Viterra from all liability of whatsoever nature in respect of the matters set out in clauses 13.3(a) to 13.3(d) (inclusive) except to the extent expressly specified in this clausethose clauses.

Limitations on Viterra’s liability. Notwithstanding any other provision of this Agreement, the Client agrees that Viterra’s liability under or in connection with this Agreement, including Viterra’s obligation to Outturn the Client’s Bulk Wheat Grain is limited by the following provisions of this clause: (a) Viterra is only liable for damage, destruction or contamination by Viterra of the Client’s Bulk Wheat Grain if that damage, destruction or contamination arises as a result of the gross negligence or wilful default of Viterra or its employees, contractors or agents; (b) the liability of Viterra to the Client for any Loss including damage, destruction or contamination of Bulk Wheat (for whatever reason Grain referred to in clause 13.3(a) will not exceed the sum of $250,000 in each Service Year; (c) Viterra is not liable for Accidental Loss or Damage to the Client’s Bulk WheatGrain except to the extent covered by insurance obtained in accordance with clause 14.1; (d) Viterra 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, whether by road, rail or sea, and are not discovered until after the departure of the shipTransportation Vehicle; (iii) claims for port or other charges relating to or in connection with the Port Terminal Services including vessel, stevedoring, Department of Agriculture or other Government agency fees or charges or other claims for demurrage or loss suffered as a result of delays in providing the Port Terminal Services; (iv) claims relating to or in connection with any difference or discrepancy between the Receival (Classification) Standards, Outturn Standards and any other harvest quality information, data or statistics published by Viterra from time to time and the provision of, or the purported reliance upon, or use of, that other information, data or statistics by the Client; (v) claims relating to or in connection with any difference or discrepancy in the actual quality of the Grain for the entire parcel not able to be identified through Composite Sampling; (vi) quality or quantity claims in respect of a shipment by rail, road or sea arising upon outturn Outturn at a the Transportation Vehicle’s destination, if the claims are inconsistent with the records of quantity and quality at the load port loading and there is no conclusive evidence that such load port records are incorrect or or, by exception, unreliable; (vivii) failure to detect toxic or other chemical residues, contamination, genetically modified Grain, germinative energy and capacity and varietal purity or any quality parameter of Grain, if these are not tested for by Viterra when receiving the Grain at the Port Terminal a Viterra Facility; or (viiviii) except to the extent caused or contributed to by the gross negligence or wilful default of Viterra or its employees, contractors or agents: (A) quality claims arising in respect of Bulk Wheat Grain transferred into Viterra’s storage system from another storage system; or; (B) downgrading claims in respect of Bulk Wheat Grain blended by Viterra at the request of the Client, provided the quality meets the Outturn Standards of the lowest value grade represented in the blend; (e) Viterra 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. The Client unconditionally and irrevocably releases Viterra from all liability of whatsoever nature in respect of the matters set out in clauses 13.3(a) to 13.3(d) (inclusive) except to the extent expressly specified in this clausethose clauses.

Limitations on Viterra’s liability. Notwithstanding any other provision of this Agreement, the Client agrees that Viterra’s liability under or in connection with this Agreement, including Viterra’s obligation to Outturn provide the Client’s Bulk Wheat Services, is limited by the following provisions of this clause: (a) Viterra is only liable for damage, destruction or contamination by Viterra of the Client’s Bulk Wheat Grain if that damage, destruction or contamination arises as a result of the gross negligence or wilful default of Viterra or its employees, contractors or agents; (b) the liability of Viterra to the Client for any Loss including damage, destruction or contamination of Bulk Wheat Grain (for whatever reason reason, including the reasons referred to in clause 13.3(a11.3(a)) will not exceed the sum of $250,000 in each Service YearƸ20,000 (twenty thousand dollars) per event or per series of related events; (c) Viterra is not liable for Accidental Loss or Damage to the Client’s Bulk WheatGrain; (d) Viterra 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 a Viterra Facility or otherwise that have not been subject to independent quality inspection and verification prior to delivery to the relevant Viterra Facility, whether by road or rail; (iii) claims for port or related charges relating to or in connection with the Services including vessel, stevedoring, Department of Agriculture, Fisheries and Forestry or other government agency fees or charges or otherwise claims for demurrage or loss suffered as a result of delays in providing the Services; (iv) defects that: (A) are required to be examined by the responsible authority under the provisions of the Export Control Xxx 0000 Act 2020 (Cth); or (B) the Client has taken responsibility for testing prior to shipmentdelivery to the relevant Viterra Facility, whether by road or rail, and are not discovered until after the departure of the shipTransportation Vehicle; (iii) claims for port or other charges relating to or in connection with the Port Terminal Services including vessel, stevedoring, Department of Agriculture or other Government agency fees or charges or other claims for demurrage or loss suffered as a result of delays in providing the Port Terminal Services; (ivv) claims relating to or in connection with any difference or discrepancy between in the Receival (Classification) Standards, Outturn Standards and any other harvest actual quality information, data or statistics published by Viterra from time of the Grain for the entire parcel not able to time and the provision of, or the purported reliance upon, or use of, that other information, data or statistics by the Clientbe identified through Composite Sampling; (vvi) quality or quantity claims in respect of a shipment by rail, road or sea Client’s Grain arising upon outturn at a Transportation Vehicle’s destination, if the claims are inconsistent with the records of quantity and quality at outturn from the load port Viterra Facility and there is no conclusive evidence that such load port records at outturn from the Viterra Facility are incorrect or unreliable; (vivii) failure to detect toxic or other chemical residues, contamination, genetically modified Grain, germinative energy and capacity and varietal purity or any quality parameter of Grain, if these are not tested for by Viterra when receiving the Grain at the Port Terminal a Viterra Facility; or (viiviii) 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 loading (including any records of Department of Agriculture, Fisheries and Forestry) and there is no conclusive evidence that such records are incorrect or, by exception, unreliable or otherwise if Grain has not been subject to an independent quality inspection and verification prior to shipment, (ix) except to the extent caused or contributed to by the gross negligence or wilful default of Viterra or its employees, contractors or agents: (A) quality claims arising in respect of Bulk Wheat Grain transferred into Viterra’s storage system from another storage system; or (B) downgrading claims in respect of Bulk Wheat Grain blended by Viterra at the request of the Client, provided the quality meets the Outturn Standards of the lowest value grade represented in the blend. . (e) The Client unconditionally and irrevocably releases Viterra from all liability of whatsoever nature in respect of the matters set out in clauses 13.3(a11.3(a) to 13.3(d11.3(d) (inclusive) except to the extent expressly specified in this clausethose clauses.

Limitations on Viterra’s liability. Notwithstanding any other provision of this Agreement, the Client agrees that ViterraXxxxxxx’s liability under or in connection with this Agreement, including Viterra’s obligation to Outturn provide the Client’s Bulk Wheat Services, is limited by the following provisions of this clause: (a) : Viterra is only liable for damage, destruction or contamination by Viterra of the Client’s Bulk Wheat Grain if that damage, destruction or contamination arises as a result of the gross negligence or wilful default of Viterra or its employees, contractors or agents; (b) ; the liability of Viterra to the Client for any Loss including damage, destruction or contamination of Bulk Wheat Grain (for whatever reason referred to in clause 13.3(areason) will not exceed the sum of $250,000 in each Service Year; Ƹ20,000 (ctwenty thousand dollars) per event or per series of related events; Viterra is not liable for Accidental Loss or Damage to the Client’s Bulk Wheat; (d) Grain; Viterra 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 a Viterra Facility or otherwise that have not been subject to independent quality inspection and verification prior to delivery to the relevant Viterra Facility, whether by road or rail; (iii) claims for port or related charges relating to or in connection with the Services including vessel, stevedoring, Department of Agriculture, Fisheries and Forestry or other government agency fees or charges or otherwise claims for demurrage or loss suffered as a result of delays in providing the Services; (iv) defects that: (A) are required to be examined by the responsible authority under the provisions of the Export Control Xxx 0000 Act 2020 (Cth); or (B) the Client has taken responsibility for testing prior to shipmentdelivery to the relevant Viterra Facility, whether by road or rail, and are not discovered until after the departure of the shipTransportation Vehicle; (iii) claims for port or other charges relating to or in connection with the Port Terminal Services including vessel, stevedoring, Department of Agriculture or other Government agency fees or charges or other claims for demurrage or loss suffered as a result of delays in providing the Port Terminal Services; (ivv) claims relating to or in connection with any difference or discrepancy between in the Receival (Classification) Standards, Outturn Standards and any other harvest actual quality information, data or statistics published by Viterra from time of the Grain for the entire parcel not able to time and the provision of, or the purported reliance upon, or use of, that other information, data or statistics by the Clientbe identified through Composite Sampling; (vvi) quality or quantity claims in respect of a shipment by rail, road or sea Client’s Grain arising upon outturn at a Transportation Vehicle’s destination, if the claims are inconsistent with the records of quantity and quality at outturn from the load port Viterra Facility and there is no conclusive evidence that such load port records at outturn from the Viterra Facility are incorrect or unreliable; (vivii) failure to detect toxic or other chemical residues, contamination, genetically modified Grain, germinative energy and capacity and varietal purity or any quality parameter of Grain, if these are not tested for by Viterra when receiving the Grain at the Port Terminal a Viterra Facility; or (viiviii) 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 loading (including any records of Department of Agriculture, Fisheries and Forestry) and there is no conclusive evidence that such records are incorrect or, by exception, unreliable or otherwise if Grain has not been subject to an independent quality inspection and verification prior to shipment, (ix) except to the extent caused or contributed to by the gross negligence or wilful default of Viterra or its employees, contractors or agents: (A) quality claims arising in respect of Bulk Wheat Grain transferred into Viterra’s storage system from another storage system; or (B) downgrading claims in respect of Bulk Wheat Grain blended by Viterra Xxxxxxx at the request of the Client, provided the quality meets the Outturn Standards of the lowest value grade represented in the blend. Viterra 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 Schedule 1. The Client unconditionally and irrevocably releases Viterra from all liability of whatsoever nature in respect of the matters set out in clauses 13.3(a11.3(a) to 13.3(d11.3(d) (inclusive) except to the extent expressly specified in this clausethose clauses.

Limitations on Viterra’s liability. Notwithstanding any other provision of this Agreement, the Client agrees that Viterra’s liability of Viterra under or in connection with this Agreement, including Viterra’s its obligation to Outturn the Client’s Bulk Wheat Grain, is limited by the following provisions of this clause: (a) Viterra is only liable for damage, destruction or contamination of the Client’s Bulk Wheat Grain if that damage, destruction or contamination arises as a result of is caused by the gross negligence or wilful default of Viterra or its employees, contractors or agents; (b) the liability of Viterra to the Client for any Loss including damage, destruction or contamination of Bulk Wheat Grain (for whatever reason referred to in clause 13.3(a) reason), will not exceed the sum of $250,000 in each Service Year; (c) Viterra is not liable for Accidental Loss or Damage to the Client’s Bulk WheatGrain; (d) Viterra 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) claims for port or other charges relating to or in connection with the Port Terminal Services including vessel, stevedoring, Department of Agriculture DA or other Government government agency fees or charges or other claims for demurrage or loss suffered as a result of delays in providing the Port Terminal Services; (iv) claims relating to or in connection with any difference or discrepancy between the Receival (Classification) Standards, Outturn Standards and any other harvest quality information, data or statistics published by Viterra from time to time and the provision of, or the purported reliance upon, or use of, that other information, data or statistics by the Client; (v) quality or quantity claims in respect of a shipment by rail, road or sea arising upon outturn at a Transportation Vehicle’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; (vi) failure by Viterra to detect toxic or residues, other chemical residues, genetically modified Grain or any other contamination, genetically modified Grain, germinative energy and capacity and varietal purity or any quality parameter the tests for detection of Grain, if these which are not tested for in general use by Viterra when receiving or have been advised by Viterra to be unreliable relative to the Grain at the Port Terminal Facilityrequired tolerances; or (vii) except to the extent caused or contributed to by the gross negligence or wilful default of Viterra or its employees, contractors or agents: (A) quality claims arising in respect of Bulk Wheat Grain transferred into Viterra’s storage system from another storage system; or (B) downgrading claims in respect of Bulk Wheat Grain blended by Viterra at the request of the Client, provided the quality meets the Outturn Standards of the lowest value grade represented in the blend. The Client unconditionally and irrevocably releases Viterra from all liability of whatsoever nature in respect of the matters set out in clauses 13.3(a) to 13.3(d) (inclusive) except to the extent expressly specified in this clause).

Limitations on Viterra’s liability. Notwithstanding any other provision of this Agreement, the Client agrees that Viterra’s liability under or in connection with this Agreement, including Viterra’s obligation to Outturn the Client’s Bulk Wheat is limited by the following provisions of this clause: (a) Viterra is only liable for damage, destruction or contamination of the Client’s Bulk Wheat if that damage, destruction or contamination arises as a result of the gross negligence or wilful default of Viterra or its employees, contractors or agents; (b) the liability of Viterra to the Client for any Loss including damage, destruction or contamination of Bulk Wheat (for whatever reason referred to in clause 13.3(a) will not exceed the sum of $250,000 in each Service Year; (c) Viterra is not liable for Accidental Loss or Damage to the Client’s Bulk Wheat; (d) Viterra 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) claims for port or other charges relating to or in connection with the Port Terminal Services including vessel, stevedoring, Department of Agriculture DAWR or other Government agency fees or charges or other claims for demurrage or loss suffered as a result of delays in providing the Port Terminal Services; (iv) claims relating to or in connection with any difference or discrepancy between the Receival (Classification) Standards, Outturn Standards and any other harvest quality information, data or statistics published by Viterra from time to time and the provision of, or the purported reliance upon, or use of, that other information, data or statistics by the Client; (v) quality or quantity claims in respect of a shipment by rail, road or sea arising upon outturn at a Transportation Vehicle’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; (vi) failure to detect toxic or other chemical residues, contamination, genetically modified Grain, germinative energy and capacity and varietal purity or any quality parameter of Grain, if these are not tested for by Viterra when receiving the Grain at the Port Terminal Facility; or (vii) except to the extent caused or contributed to by the gross negligence or wilful default of Viterra or its employees, contractors or agents: (A) quality claims arising in respect of Bulk Wheat transferred into Viterra’s storage system from another storage system; or (B) downgrading claims in respect of Bulk Wheat blended by Viterra at the request of the Client, provided the quality meets the Outturn Standards of the lowest value grade represented in the blend. The Client unconditionally and irrevocably releases Viterra from all liability of whatsoever nature in respect of the matters set out in clauses 13.3(a) to 13.3(d) (inclusive) except to the extent expressly specified in this clause.

Limitations on Viterra’s liability. Notwithstanding any other provision of this Agreement, the Client agrees that Viterra’s liability under or in connection with this Agreement, including Viterra’s obligation to Outturn the Client’s Bulk Wheat is limited by the following provisions of this clause: (a) Viterra is only liable for damage, destruction or contamination of the Client’s Bulk Wheat if that damage, destruction or contamination arises as a result of the gross negligence or wilful default of Viterra or its employees, contractors or agents; (b) the liability of Viterra to the Client for any Loss including damage, destruction or contamination of Bulk Wheat (for whatever reason referred to in clause 13.3(a)) will not exceed the sum of $250,000 in each Service Year; (c) Viterra is not liable for Accidental Loss or Damage to the Client’s Bulk Wheat; (d) Viterra 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) claims for port or other charges relating to or in connection with the Port Terminal Services including vessel, stevedoring, Department of Agriculture DAWR or other Government agency fees or charges or other claims for demurrage or loss suffered as a result of delays in providing the Port Terminal Services; (iv) claims relating to or in connection with any difference or discrepancy between the Receival (Classification) Standards, Outturn Standards and any other harvest quality information, data or statistics published by Viterra from time to time and the provision of, or the purported reliance upon, or use of, that other information, data or statistics by the Client; (v) quality or quantity claims in respect of a shipment by rail, road or sea arising upon outturn at a Transportation Vehicle’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; (vi) failure to detect toxic or other chemical residues, contamination, genetically modified Grain, germinative energy and capacity and varietal purity or any quality parameter of Grain, if these are not tested for by Viterra when receiving the Grain at the Port Terminal Facility; or (vii) except to the extent caused or contributed to by the gross negligence or wilful default of Viterra or its employees, contractors or agents: (A) quality claims arising in respect of Bulk Wheat transferred into Viterra’s storage system from another storage system; or (B) downgrading claims in respect of Bulk Wheat blended by Viterra at the request of the Client, provided the quality meets the Outturn Standards of the lowest value grade represented in the blend. The Client unconditionally and irrevocably releases Viterra from all liability of whatsoever nature in respect of the matters set out in clauses 13.3(a) to 13.3(d) (inclusive) except to the extent expressly specified in this clause.

Limitations on Viterra’s liability. Notwithstanding any other provision of this Agreement, the Client agrees that Viterra’s liability under or in connection with this Agreement, including Viterra’s obligation to Outturn the Client’s Bulk Wheat is limited by the following provisions of this clause: (a) Viterra is only liable for damage, destruction or contamination by Viterra of the Client’s Bulk Wheat if that damage, destruction or contamination arises as a result of the gross negligence or wilful default of Viterra or its employees, contractors or agents; (b) the liability of Viterra to the Client for any Loss including damage, destruction or contamination of Bulk Wheat (for whatever reason reason, including the reasons referred to in clause 13.3(a)) will not exceed the sum of $250,000 Ƹ250,000 in each Service Year; (c) Viterra is not liable for Accidental Loss or Damage to the Client’s Bulk Wheat; (d) Viterra 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 2020 (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) claims for port or other charges relating to or in connection with the Port Terminal Services including vessel, stevedoring, Department of Agriculture or other Government agency fees or charges or other claims for demurrage or loss suffered as a result of delays in providing the Port Terminal Services; (iv) claims relating to or in connection with any difference or discrepancy between the Receival (Classification) Standards, Outturn Standards and any other harvest quality information, data or statistics published by Viterra from time to time and the provision of, or the purported reliance upon, or use of, that other information, data or statistics by the Client; (v) quality or quantity claims in respect of a shipment by rail, road or sea arising upon outturn at a Transportation Vehicle’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; (vi) failure to detect toxic or other chemical residues, contamination, genetically modified Grain, germinative energy and capacity and varietal purity or any quality parameter of Grain, if these are not tested for by Viterra when receiving the Grain at the Port Terminal Facility; or (vii) except to the extent caused or contributed to by the gross negligence or wilful default of Viterra or its employees, contractors or agents: (A) quality claims arising in respect of Bulk Wheat transferred into Viterra’s storage system from another storage system; or (B) downgrading claims in respect of Bulk Wheat blended by Viterra at the request of the Client, provided the quality meets the Outturn Standards of the lowest value grade represented in the blend. The Client unconditionally and irrevocably releases Viterra from all liability of whatsoever nature in respect of the matters set out in clauses 13.3(a) to 13.3(d) (inclusive) except to the extent expressly specified in this clause.

Limitations on Viterra’s liability. Notwithstanding any other provision of this Agreement, the Client agrees that Viterra’s liability under or in connection with this Agreement, including Viterra’s obligation to Outturn the Client’s Bulk Wheat Grain, is limited by the following provisions of this clause: (a) Viterra is only liable for damage, destruction or contamination by Viterra of the Client’s Bulk Wheat Grain if that damage, destruction or contamination arises as a result of the gross negligence or wilful default of Viterra or its employees, contractors or agents; (b) the liability of Viterra to the Client for any Loss including damage, destruction or contamination of Bulk Wheat Grain (for whatever reason reason, including the reasons referred to in clause 13.3(a)) will not exceed the sum of $250,000 Ƹ250,000 in each Service Year; (c) Viterra is not liable for Accidental Loss or Damage to the Client’s Bulk WheatGrain; (d) Viterra 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 2020 (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) claims for port or other charges relating to or in connection with the Port Terminal Services including vessel, stevedoring, Department of Agriculture or other Government agency fees or charges or other claims for demurrage or loss suffered as a result of delays in providing the Port Terminal Services; (iv) claims relating to or in connection with any difference or discrepancy between the Receival (Classification) Standards, Outturn Standards and any other harvest quality information, data or statistics published by Viterra from time to time and the provision of, or the purported reliance upon, or use of, that other information, data or statistics by the Client; (v) quality or quantity claims in respect of a shipment by rail, road or sea arising upon outturn at a Transportation Vehicle’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; (vi) failure to detect toxic or other chemical residues, contamination, genetically modified Grain, germinative energy and capacity and varietal purity or any quality parameter of Grain, if these are not tested for by Viterra when receiving the Grain at the Port Terminal Facility; or (vii) except to the extent caused or contributed to by the gross negligence or wilful default of Viterra or its employees, contractors or agents: (A) quality claims arising in respect of Bulk Wheat transferred into Viterra’s storage system from another storage system; or (B) downgrading claims in respect of Bulk Wheat blended by Viterra at the request of the Client, provided the quality meets the Outturn Standards of the lowest value grade represented in the blend. The Client unconditionally and irrevocably releases Viterra from all liability of whatsoever nature in respect of the matters set out in clauses 13.3(a) to 13.3(d) (inclusive) except to the extent expressly specified in this clausethose clauses.