Common use of Operational Decision Making Clause in Contracts

Operational Decision Making. In making any decision to accept or reject the Export Nomination or any amendment to an Export Nomination, CBH shall make its determination having regard to the following: (a) that in making decisions relating to the provision of access to the Port Terminal Services, CBH must balance conflicts of interests of Customers of the Port Terminal Facilities; (b) the application by CBH of commercial criteria and practices and policies to promote fair and reasonable operational decision making; (c) giving priority to vessels based on the lead time given between the Export Nomination and vessel ETA, and the likely availability of sufficient Grain Entitlement at the Port prior to vessel ETA, the likely uncommitted storage capacity at the Port Terminal Facility and the uncommitted inloading capacity necessary to make a Nominated Vessel’s Nominated Tonnage; (d) the objectives of: (i) efficient operation of a Port Terminal Facility; (ii) minimising Demurrage at the Port over a given period; and (iii) maximising throughput of Grain at the Port over a given period; and (e) changes in relevant facts and circumstances including: (i) insufficient Grain Entitlement at the Port accumulated by the Customer necessary to make a Customer’s Nominated Vessel’s Nominated Tonnage; (ii) variations in vessel arrival times; (iii) failure of vessels to pass surveys; (iv) stability and ship worthiness inspections; (v) vessel congestion; (vi) variation in cargo requirements; (vii) lack of performance of freight providers; (viii) equipment failure; (ix) maintenance outages; (x) contamination of accumulated cargoes or contamination of loads; (xi) a Material Breach; (xii) a Customer not working a vessel or accumulating a cargo on a 24 hour/7 day basis where another Customer is able to do so; (xiii) the Grain is unavailable as a result of fumigation activities pursuant to clause 6.4; (xiv) the Export Nomination contains inadequate or inaccurate information; or (xv) an event of Force Majeure that prevents the scheduling or performance of Port Outturning Services.

Operational Decision Making. In making any decision to accept or reject the Export Vessel Nomination or any amendment to an Export a Vessel Nomination, CBH shall make its determination in accordance with the terms of the Undertaking having regard to the following: (a) that in making decisions relating to the provision of access to the Port Terminal Services, CBH must balance conflicts of interests of Customers of the Port Terminal Facilities; (b) the application by CBH of objective commercial criteria and practices and policies to promote fair fair, reasonable and reasonable operational decision non-discriminatory Operational Decision making; (c) giving priority to vessels based on the lead time given between the Export Nomination nomination and vessel ETA, and the likely availability of sufficient Grain Bulk Wheat Entitlement at the Port prior to vessel ETA, the likely uncommitted storage capacity at the Port Terminal Facility and the uncommitted inloading capacity necessary to make a Nominated VesselXxxxxx’s Nominated Tonnage; (d) the objectives of: (i) efficient operation of a Port Terminal Facility; (ii) minimising Demurrage at the Port over a given period; and (iiiii) maximising throughput of Grain Bulk Wheat at the Port over a given period; and (e) changes in relevant facts and circumstances including: (i) insufficient Grain Bulk Wheat Entitlement at the Port accumulated by the Customer necessary to make a Customer’s Nominated VesselXxxxxx’s Nominated Tonnage; (ii) variations in vessel arrival times; (iii) failure of vessels to pass surveys; (iv) stability and ship worthiness inspections; (v) vessel congestion; (vi) variation in cargo requirements; (vii) lack of performance of freight providers; (viii) equipment failure; (ix) maintenance outages; (x) contamination of accumulated cargoes or contamination of loads;; or (xi) a Material Breach; (xii) a Customer not working a vessel or accumulating a cargo on a 24 hour/7 day basis where another Customer is able to do so; (xiii) the Grain Bulk Wheat is unavailable as a result of fumigation activities pursuant to clause 6.4; (xiv) the Export Vessel Nomination contains inadequate or inaccurate information; or (xv) an event of Force Majeure that prevents the scheduling or performance of Port Outturning Services.

Operational Decision Making. In making any decision to accept or reject the Export Nomination or any amendment to an Export Nomination, CBH shall make its determination having regard to the following: (a) that in making decisions relating to the provision of access to the Port Terminal Services, CBH must balance conflicts of interests of Customers of the Port Terminal Facilities; (b) the application by CBH of commercial criteria and practices and policies to promote fair and reasonable operational decision making; (c) giving priority to vessels based on the lead time given between the Export Nomination nomination and vessel ETA, and the likely availability of sufficient Grain Entitlement at the Port prior to vessel ETA, the likely uncommitted storage capacity at the Port Terminal Facility and the uncommitted inloading capacity necessary to make a Nominated Vessel’s Nominated Tonnage; (d) the objectives of: (i) efficient operation of a Port Terminal Facility; (ii) minimising Demurrage at the Port over a given period; and (iii) maximising throughput of Grain at the Port over a given period; and (e) changes in relevant facts and circumstances including: (i) insufficient Grain Entitlement at the Port accumulated by the Customer necessary to make a Customer’s Nominated Vessel’s Nominated Tonnage; (ii) variations in vessel arrival times; (iii) failure of vessels to pass surveys; (iv) stability and ship worthiness inspections; (v) vessel congestion; (vi) variation in cargo requirements; (vii) lack of performance of freight providers; (viii) equipment failure; (ix) maintenance outages; (x) contamination of accumulated cargoes or contamination of loads;; or (xi) a Material Breach; (xii) a Customer not working a vessel or accumulating a cargo on a 24 hour/7 day basis where another Customer is able to do so; (xiii) the Grain is unavailable as a result of fumigation activities pursuant to clause 6.4; (xiv) the Export Nomination contains inadequate or inaccurate information; or (xv) an event of Force Majeure that prevents the scheduling or performance of Port Outturning Services.

Operational Decision Making. In making any decision to accept or reject the Export Vessel Nomination or any amendment to an Export a Vessel Nomination, CBH shall make its determination in accordance with the terms of the Undertaking having regard to the following: (a) that in making decisions relating to the provision of access to the Port Terminal Services, CBH must balance conflicts of interests of Customers of the Port Terminal Facilities; (b) the application by CBH of objective commercial criteria and practices and policies to promote fair fair, reasonable and reasonable operational decision non-discriminatory Operational Decision making; (c) giving priority to vessels based on the lead time given between the Export Nomination nomination and vessel ETA, and the likely availability of sufficient Grain Entitlement at the Port prior to vessel ETA, the likely uncommitted storage capacity at the Port Terminal Facility and the uncommitted inloading capacity necessary to make a Nominated VesselXxxxxx’s Nominated Tonnage; (d) the objectives of: (i) efficient operation of a Port Terminal Facility; (ii) minimising Demurrage at the Port over a given period; and (iiiii) maximising throughput of Grain at the Port over a given period; and (e) changes in relevant facts and circumstances including: (i) insufficient Grain Entitlement at the Port accumulated by the Customer necessary to make a Customer’s Nominated VesselXxxxxx’s Nominated Tonnage; (ii) variations in vessel arrival times; (iii) failure of vessels to pass surveys; (iv) stability and ship worthiness inspections; (v) vessel congestion; (vi) variation in cargo requirements; (vii) lack of performance of freight providers; (viii) equipment failure; (ix) maintenance outages; (x) contamination of accumulated cargoes or contamination of loads;; or (xi) a Material Breach; (xii) a Customer not working a vessel or accumulating a cargo on a 24 hour/7 day basis where another Customer is able to do so; (xiii) the Grain is unavailable as a result of fumigation activities pursuant to clause 6.4; (xiv) the Export Vessel Nomination contains inadequate or inaccurate information; or (xv) an event of Force Majeure that prevents the scheduling or performance of Port Outturning Services.

Operational Decision Making. In making any decision to accept or reject the Export Vessel Nomination or any amendment to an Export a Vessel Nomination, CBH shall make its determination in accordance with the terms of the Undertaking having regard to the following: (a) that in making decisions relating to the provision of access to the Port Terminal Services, CBH must balance conflicts of interests of Customers of the Port Terminal Facilities; (b) the application by CBH of objective commercial criteria and practices and policies to promote fair fair, reasonable and reasonable operational decision non-discriminatory Operational Decision making; (c) giving priority to vessels based on the lead time given between the Export Nomination nomination and vessel ETA, and the likely availability of sufficient Grain Bulk Wheat Entitlement at the Port prior to vessel ETA, the likely uncommitted storage capacity at the Port Terminal Facility and the uncommitted inloading capacity necessary to make a Nominated Vessel’s Vessel‟s Nominated Tonnage; (d) the objectives of: (i) efficient operation of a Port Terminal Facility; (ii) minimising Demurrage at the Port over a given period; and (iiiii) maximising throughput of Grain Bulk Wheat at the Port over a given period; and (e) changes in relevant facts and circumstances including: (i) insufficient Grain Bulk Wheat Entitlement at the Port accumulated by the Customer necessary to make a Customer’s Customer‟s Nominated Vessel’s Vessel‟s Nominated Tonnage; (ii) variations in vessel arrival times; (iii) failure of vessels to pass surveys; (iv) stability and ship worthiness inspections; (v) vessel congestion; (vi) variation in cargo requirements; (vii) lack of performance of freight providers; (viii) equipment failure; (ix) maintenance outages; (x) contamination of accumulated cargoes or contamination of loads;; or (xi) a Material Breach; (xii) a Customer not working a vessel or accumulating a cargo on a 24 hour/7 day basis where another Customer is able to do so; (xiii) the Grain Bulk Wheat is unavailable as a result of fumigation activities pursuant to clause 6.4; (xiv) the Export Vessel Nomination contains inadequate or inaccurate information; or (xv) an event of Force Majeure that prevents the scheduling or performance of Port Outturning Services.

Operational Decision Making. In making any decision to accept or reject the Export Nomination or any amendment to an Export Nomination, CBH shall make its determination having regard to the following: (a) that in making decisions relating to the provision of access to the Port Terminal Services, CBH must balance conflicts of interests of Customers of the Port Terminal Facilities; (b) the application by CBH of commercial criteria and practices and policies to promote fair and reasonable operational decision making; (c) giving priority to vessels based on the lead time given between the Export Nomination and vessel ETA, and the likely availability of sufficient Grain Entitlement at the Port prior to vessel ETA, the likely uncommitted storage capacity at the Port Terminal Facility and the uncommitted inloading capacity necessary to make a Nominated Vessel’s Nominated Tonnage; (d) the objectives of: (i) efficient operation of a Port Terminal Facility; (ii) minimising Demurrage at the Port over a given period; and (iii) maximising throughput of Grain at the Port over a given period; and (e) changes in relevant facts and circumstances including: (i) insufficient Grain Entitlement at the Port accumulated by the Customer necessary to make a Customer’s Nominated Vessel’s Nominated Tonnage; (ii) variations in vessel arrival times; (iii) failure of vessels to pass surveys; (iv) stability and ship worthiness inspections; (v) vessel congestion; (vi) variation in cargo requirements; (vii) lack of performance of freight providers; (viii) equipment failure; (ix) maintenance outages; (x) contamination of accumulated cargoes or contamination of loads;; or (xi) a Material Breach; (xii) a Customer not working a vessel or accumulating a cargo on a 24 hour/7 day basis where another Customer is able to do so; (xiii) the Grain is unavailable as a result of fumigation activities pursuant to clause 6.4; (xiv) the Export Nomination contains inadequate or inaccurate information; or (xv) an event of Force Majeure that prevents the scheduling or performance of Port Outturning Services.

Operational Decision Making. In making any decision to accept or reject the Export Vessel Nomination or any amendment to an Export a Vessel Nomination, CBH shall make its determination in accordance with the terms of the Undertaking having regard to the following: (a) that in making decisions relating to the provision of access to the Port Terminal Services, CBH must balance conflicts of interests of Customers of the Port Terminal Facilities; (b) the application by CBH of objective commercial criteria and practices and policies to promote fair fair, reasonable and reasonable operational decision non-discriminatory Operational Decision making; (c) giving priority to vessels based on the lead time given between the Export Nomination nomination and vessel ETA, and the likely availability of sufficient Grain Entitlement at the Port prior to vessel ETA, the likely uncommitted storage capacity at the Port Terminal Facility and the uncommitted inloading capacity necessary to make a Nominated Vessel’s Nominated Tonnage; (d) the objectives of: (i) efficient operation of a Port Terminal Facility; (ii) minimising Demurrage at the Port over a given period; and (iiiii) maximising throughput of Grain at the Port over a given period; and (e) changes in relevant facts and circumstances including: (i) insufficient Grain Entitlement at the Port accumulated by the Customer necessary to make a Customer’s Nominated Vessel’s Nominated Tonnage; (ii) variations in vessel arrival times; (iii) failure of vessels to pass surveys; (iv) stability and ship worthiness inspections; (v) vessel congestion; (vi) variation in cargo requirements; (vii) lack of performance of freight providers; (viii) equipment failure; (ix) maintenance outages; (x) contamination of accumulated cargoes or contamination of loads;; or (xi) a Material Breach; (xii) a Customer not working a vessel or accumulating a cargo on a 24 hour/7 day basis where another Customer is able to do so; (xiii) the Grain is unavailable as a result of fumigation activities pursuant to clause 6.4; (xiv) the Export Vessel Nomination contains inadequate or inaccurate information; or (xv) an event of Force Majeure that prevents the scheduling or performance of Port Outturning Services.

Operational Decision Making. In making any decision to accept or reject the Export Vessel Nomination or any amendment to an Export a Vessel Nomination, CBH shall make its determination in accordance with the terms of the Undertaking having regard to the following: (a) that in making decisions relating to the provision of access to the Port Terminal Services, CBH must balance conflicts of interests of Customers of the Port Terminal Facilities; (b) the application by CBH of objective commercial criteria and practices and policies to promote fair fair, reasonable and reasonable operational decision non-discriminatory Operational Decision making; (c) giving priority to vessels based on the lead time given between the Export Nomination nomination and vessel ETA, and the likely availability of sufficient Grain Bulk Wheat Entitlement at the Port prior to vessel ETA, the likely uncommitted storage capacity at the Port Terminal Facility and the uncommitted inloading capacity necessary to make a Nominated VesselXxxxxx’s Nominated Tonnage; (d) the objectives of: (i) efficient operation of a Port Terminal Facility; (ii) minimising Demurrage at the Port over a given period; and (iiiii) maximising throughput of Grain Bulk Wheat at the Port over a given period; and (e) changes in relevant facts and circumstances including: (i) insufficient Grain Bulk Wheat Entitlement at the Port accumulated by the Customer necessary to make a Customer’s Nominated VesselXxxxxx’s Nominated Tonnage; (ii) variations in vessel arrival times;; Port_Terminal_Services_Agree (iii) failure of vessels to pass surveys; (iv) stability and ship worthiness inspections; (v) vessel congestion; (vi) variation in cargo requirements; (vii) lack of performance of freight providers; (viii) equipment failure; (ix) maintenance outages; (x) contamination of accumulated cargoes or contamination of loads;; or (xi) a Material Breach; (xii) a Customer not working a vessel or accumulating a cargo on a 24 hour/7 day basis where another Customer is able to do so; (xiii) the Grain Bulk Wheat is unavailable as a result of fumigation activities pursuant to clause 6.4; (xiv) the Export Vessel Nomination contains inadequate or inaccurate information; or (xv) an event of Force Majeure that prevents the scheduling or performance of Port Outturning Services.