Common use of Non-Shipment of Grain Clause in Contracts

Non-Shipment of Grain. If Grain is not shipped from a Port Terminal Facility as detailed in an Export Nomination other than as a result of circumstances directly within the control of CBH or Capacity is deemed as Lost Capacity in accordance with the Port Terminal Rules, then: (a) CBH will consult with the Customer about the re-positioning within, or removal from, the Port Terminal Facility of the Grain; and (b) if no agreement is reached within 7 days after the Capacity is deemed as Lost Capacity in accordance with the Port Terminal Rules, CBH may remove or reposition Grain at its discretion and the Customer shall pay all reasonable costs incurred by CBH, including but not limited to any cleaning costs necessary to rectify the natural deterioration of Grain over time or the effects of the normal handling process of Grain in the CBH supply chain and transport costs (in addition to the Lost Capacity Fee, if applicable). 8 ADDITIONAL INFORMATION AND SERVICES (a) CBH will provide the Customer with an estimate of its costs and any additional terms and conditions required in order to provide additional information or services. Costs may either be a lump sum or in accordance with normal hourly rates. (b) The Customer agrees to pay CBH's costs in providing any additional information or services requested by the Customer. (c) The decision of CBH whether to provide any additional information or services requested by the Customer will be at CBH's absolute discretion unless it is required to provide such additional information by any law.

Non-Shipment of Grain. If Grain is not shipped from a Port Terminal Facility as detailed in an Export Nomination other than as a result of circumstances directly within the control of CBH or Capacity is deemed as Lost Capacity in accordance with the Port Terminal Rules, then: (a) CBH will consult with the Customer about the re-positioning within, or removal from, from the Port Terminal Facility of the Grain; and (b) if no agreement is reached within 7 days after the Capacity is deemed as Lost Capacity in accordance with the Port Terminal Rules, CBH may remove or reposition Grain at its discretion and the Customer shall pay all reasonable costs incurred by CBH, including but not limited to any cleaning costs necessary to rectify the natural deterioration of Grain over time or the effects of the normal handling process of Grain in the CBH supply chain and transport costs (in addition to the Lost Capacity Fee, if applicable). 8 ADDITIONAL INFORMATION AND SERVICES (a) CBH will provide the Customer with an estimate of its costs and any additional terms and conditions required in order to provide additional information or services. Costs may either be a lump sum or in accordance with normal hourly rates. (b) The Customer agrees to pay CBH's costs in providing any additional information or services requested by the Customer. (c) The decision of CBH whether to provide any additional information or services requested by the Customer will be at CBH's absolute discretion unless it is required to provide such additional information by any law.