Common use of Movements Clause in Contracts

Movements. Subject to EMERALD providing at least 5 days prior notice, and at the cost of the Warehouser, EMERALD has the right to outturn the Commodity to another EMERALD site or relocate the Commodity within the site if: (a) the site fills (or is expected to fill) during the season harvest; (b) the Outturn Date is exceeded; (c) consolidation of small quantities of Commodities is required (in EMERALD’s reasonable opinion) for the efficiency of the EMERALD system; (d) the volume in the cell in which the Commodity is stored is down to sweeping stage and/or less than 5% capacity; (e) the quality of the Commodity that has been received has potential to contaminate other Warehouser’s or Client’s commodities; or (f) EMERALD determines (in EMERALD’s reasonable opinion) that it is operationally efficient to move the Commodity. And in each case the Warehouser will bear any additional costs or charges that may arise out of the outturn or relocation relative to the site of origin, including, but not limited to, freight differentials.

Appears in 5 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

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