Common use of Nutrano covenants and liability Clause in Contracts

Nutrano covenants and liability. (a) Nutrano agrees that it will (subject to the terms of this Agreement) - (i) take all reasonable steps to accept the Produce for packing at the time provided for in a harvest schedule and to provide the packing service in a timely fashion and to a professional standard having regard to packing services generally available in Australia for packing citrus; (ii) take all reasonable steps to maintain the Produce in good and marketable condition; and (iii) comply with all local, municipal, State, Territorial or Commonwealth laws, ordinances, rules and regulations relating to the packing and labelling of perishable citrus produce. (b) To the maximum extent permitted by the Horticulture Code and at law, Nutrano shall not be liable to the Grower as to— (i) the accuracy, description, relevance, completeness, merchantable quality, fitness for any purpose or any other matter relating to the Services; (ii) loss of, or damage to, the Produce by any cause (including lawful confiscation); (iii) any damage to property or death of, or injury to, any person caused directly or indirectly by the Produce or the Services; or (iv) any claim against the Grower in relation to the Produce or the consumption of the Produce. (c) Notwithstanding any other clauses in this Agreement, if any liability is found to attach to Nutrano then Nutrano’s liability is limited to - (i) the supplying of the Services again; or (ii) the cost of supplying the Services. (d) Neither Nutrano nor any of its agents, sub-contractors or assigns, shall be liable whatsoever to the Grower for: (i) any loss of profit, loss of goodwill, loss of production, loss of business, loss of opportunity, business interruption, loss of revenue, loss of contract, loss of anticipated savings or anticipated revenue; (ii) any consequential, special, indirect, exemplary or punitive damages of any nature. (e) The Grower acknowledges that Nutrano’s financier will not have liability or responsibility to

Nutrano covenants and liability. (a) Nutrano agrees that it will (subject to the terms of this Agreement) - (i) take all reasonable steps to accept the Produce for packing at the time provided for in a harvest schedule and to provide the packing service in a timely fashion and to a professional standard having regard to packing services generally available in Australia for packing citrus; (ii) take all reasonable steps to maintain the Produce in good and marketable condition; , and (iii) comply with all local, municipal, State, Territorial or Commonwealth laws, ordinances, rules and regulations relating to the packing and labelling of perishable citrus produce. (b) To the maximum extent permitted by the Horticulture Code and at law, Nutrano shall not be liable to the Grower as to— (i) the accuracy, description, relevance, completeness, merchantable quality, fitness for any purpose or any other matter relating to the Services; (ii) loss of, or damage to, the Produce by any cause (including lawful confiscation); (iii) any damage to property or death of, or injury to, any person caused directly or indirectly by the Produce or the Services; or (iv) any claim against the Grower in relation to the Produce or the consumption of the Produce. (c) Notwithstanding any other clauses in this Agreement, if any liability is found to attach to Nutrano then Nutrano’s liability is limited to - (i) the supplying of the Services again; , or (ii) the cost of supplying the Services. (d) Neither Nutrano nor any of its agents, sub-contractors or assigns, shall be liable whatsoever to the Grower for: (i) any loss of profit, loss of goodwill, loss of production, loss of business, loss of opportunity, business interruption, loss of revenue, loss of contract, loss of anticipated savings or anticipated revenue; (ii) any consequential, special, indirect, exemplary or punitive damages of any nature. (e) The Grower acknowledges that Nutrano’s financier will not have liability or responsibility to