Common use of Optimisation Clause in Contracts

Optimisation. 1. Bunge may at its sole discretion choose to offer a Grain Optimisation Product to Growers at any or all Bunge Facilities for specific Grain. 2. Any Optimisation Product offered by Bunge will be subject to the Product Rules in place at the time. 3. If the Warehouser chooses to Optimise its Grain, the Warehouser acknowledges and agrees that: a. The Warehouser waives any right to transport, move or outturn it’s Grain by any other means than that authorized by Bunge. b. The Warehouser will be bound by the Optimisation Product Rules. c. The Warehouser has satisfied and complied with Bunge's Optimisation Rules. x. Xxxxx may, at its sole discretion, provide the Warehouser with an Optimisation model; however it makes no representation or warranty as to the accuracy of any data and the model. The Warehouser acknowledges that it is responsible for the accuracy of the data and any model, including any price, recevial and Grain contract information. x. Xxxxx will accept the Warehouser’s request and use its best endeavors’ to Optimise its Grain. f. The Warehouser is responsible for any and all Optimisation decisions including (but limited to) the accuracy, suitability and correctness of any Grain and price data. x. Xxxxx (including its officers, employees, contractors and agents) is not, and will not, offer the Warehouser any legal, tax, financial or accounting advice regarding the Optimisation or its suitability in general and /or to the Warehouser’s particular circumstances. x. Xxxxx recommends that the Warehouser seek independent advice in making any Optimisation decision. The Warehouser acknowledges that Bunge has made this recommendation to the Warehouser. i. The Warehouser will not seek nor solicit any advice or recommendation from Bunge (including its officers, employees, contractors and agents), and acknowledge that Bunge (including its officers, employees, contractors and agents) is not authorized to provide any advice or recommendation. j. As a result of any Optimisation instructed by the Warehouser, that some or all of the Warehouser's Grain receivals will be adjusted to reflect the change in Grade required to achieve the Optimisation. This may include some Grain to be regarded to a lower quality grade, and some Grain to a higher quality grade. This will mean quality of Grain that the Warehouser is entitled to receive will change. x. Xxxxx is not liable for any Loss, damage, cost or expense arising from or in relation to any Optimisation. Likewise, Bunge is not liable for any Loss, damage or costs or expense suffered by the Warehouser as a result of the Warehouser deciding or choosing not to Optimise any or all of the Warehouser's Grain.

Optimisation. 1. (a) Bunge may at its sole discretion choose to offer a Grain Optimisation Product to Growers at any or all Bunge Facilities for specific Grain. 2. (b) Any Optimisation Product offered by Bunge will be subject to the Product Rules in place at the time. 3. (c) If the Warehouser chooses to Optimise its Grain, the Warehouser acknowledges and agrees that: a. (i) The Warehouser waives any right to transport, move or outturn it’s Grain by any other means than that authorized by Bunge. b. (ii) The Warehouser will be bound by the Optimisation Product Rules. c. (iii) The Warehouser has satisfied and complied with Bunge's Optimisation Rules. x. Xxxxx (iv) Bunge may, at its sole discretion, provide the Warehouser with an Optimisation O timisation model; however it makes no representation or warranty as to the accuracy of any data and the model. The Warehouser acknowledges that it is responsible for the accuracy ccuracy of the data and any model, including any price, recevial and Grain contract information.data x. Xxxxx (v) Bunge will accept the Warehouser’s request and use its best endeavors’ to Optimise its Grain. f. (vi) The Warehouser is responsible for any and all Optimisation decisions including (but not limited to) the accuracy, suitability and correctness of any Grain and price data. x. Xxxxx (vii) Bunge (including its officers, employees, contractors and agents) is not, and will not, offer the Warehouser any legal, tax, financial or accounting advice regarding the Optimisation or its suitability in general and /or to the Warehouser’s particular circumstances. x. Xxxxx (viii) Bunge recommends that the Warehouser seek independent advice in making any Optimisation decision. The Warehouser acknowledges that Bunge has made this recommendation to the Warehouser. i. (ix) The Warehouser will not seek nor solicit any advice or recommendation from Bunge (including its officers, employees, contractors and agents), and acknowledge ackn wledge that Bunge (including its officers, employees, contractors and agents) is not authorized to provide any advice or recommendation. j. (x) As a result of any Optimisation instructed by the Warehouser, that some or all of the Warehouser's Grain receivals will be adjusted to reflect the change in Grade required to achieve the Optimisation. This may include some Grain to be regarded to a lower quality grade, and some Grain to a higher quality grade. This will mean quality of Grain that the Warehouser is entitled to receive will change. x. Xxxxx (xi) Bunge is not liable for any Loss, damage, cost or expense arising from or in relation to any Optimisation. Likewise, Bunge is not liable for any Loss, damage or costs or expense suffered by the Warehouser as a result of the Warehouser deciding or choosing not to Optimise any or all of the Warehouser's Grain.

Optimisation. 1. (a) Bunge may at its sole discretion choose to offer a Grain Optimisation Product to Growers at any or all Bunge Facilities for specific Grain. 2. (b) Any Optimisation Product offered by Bunge will be subject to the Product Rules in place at the time. 3. (c) If the Warehouser chooses to Optimise its Grain, the Warehouser acknowledges and agrees that: a. (i) The Warehouser waives any right to transport, move or outturn it’s Grain by any other means than that authorized by Bunge. b. (ii) The Warehouser will be bound by the Optimisation Product Rules. c. (iii) The Warehouser has satisfied and complied with Bunge's Optimisation Rules. x. Xxxxx (iv) Bunge may, at its sole discretion, provide the Warehouser with an Optimisation model; however it makes no representation or warranty as to the accuracy of any data and the model. The Warehouser acknowledges that it is responsible for the accuracy of the data and any model, including any price, recevial receival and Grain contract information. x. Xxxxx (v) Bunge will accept the Warehouser’s request and use its best endeavors’ to Optimise its Grain. f. (vi) The Warehouser is responsible for any and all Optimisation decisions including (but not limited to) the accuracy, suitability and correctness of any Grain and price data. x. Xxxxx (vii) Bunge (including its officers, employees, contractors and agents) is not, and will not, offer the Warehouser any legal, tax, financial or accounting advice regarding the Optimisation or its suitability in general and /or to the Warehouser’s particular circumstances. x. Xxxxx (viii) Bunge recommends that the Warehouser seek independent advice in making any Optimisation decision. The Warehouser acknowledges that Bunge has made this recommendation to the Warehouser. i. (ix) The Warehouser will not seek nor solicit any advice or recommendation from Bunge (including its officers, employees, contractors and agents), and acknowledge that Bunge (including its officers, employees, contractors and agents) is not authorized to provide any advice or recommendation. j. (x) As a result of any Optimisation instructed by the Warehouser, that some or all of the Warehouser's Grain receivals will be adjusted to reflect the change in Grade required to achieve the Optimisation. This may include some Grain to be regarded to a lower quality grade, and some Grain to a higher quality grade. This will mean quality of Grain that the Warehouser is entitled to receive will change. x. Xxxxx (xi) Bunge is not liable for any Loss, damage, cost or expense arising from or in relation to any Optimisation. Likewise, Bunge is not liable for any Loss, damage or costs or expense suffered by the Warehouser as a result of the Warehouser deciding or choosing not to Optimise any or all of the Warehouser's Grain.