Common use of Outturn Entitlement Clause in Contracts

Outturn Entitlement. 7.1 The Client will be entitled to an Outturn by weight of the Client Grain initially received on behalf of the Client; after deduction of the Shrinkage Allowance and Dust (“Outturn Entitlement”). The Client may access the whole or part of the Outturn Entitlement by issuing a GMO. 7.2 When all Client Grain has been Outturned from all Facilities the Company will advise the Client of any variation between the Outturn Entitlement and the tonnage actually outturned (“Variation”). If the Outturn Entitlement has not been completely received by the Client, the Company will, in its absolute discretion, either (a) replace the physical short Outturn Entitlement of the Client, or (b) determine, acting reasonably, the value of the Variation including any freight component base grade quality. 7.3 If the Company determines in accordance with clause 7.2(b), that after the Outturn of all Client Grain of a Season from all Company non-port Facilities for a Grade, there is a difference between the Client's Outturn Entitlement and the tonnage actually Outturned to the Client. (a) If the actual tonnage Outturned to the Client exceeds the Client’s Outturn Entitlement, the Client must either pay the Company for the excess at the Washout Price or replace the shortfall by using other grades as negotiated and agreed with the Company. (b) If the actual tonnage Outturned to the Client is less than the Client’s Outturn Entitlement, the Company may, at its discretion, either replace the physical Grain shortfall in the Client’s Outturn Entitlement or pay the Client for the deficiency in the Outturn Entitlement at the Washout Price. (c) For the purposes of this clause 7.3, “Washout Price” for the Client Grain, unless otherwise agreed, a spot price will be determined (average of three independent brokers) on the day that the Client is advised of the variation. 7.4 The Company is not required to Outturn Grain if it has received notification from a bona fide third party holding a security Interest over that Client Grain) until; (a) the party holding the security interest has consented to the Outturn; or (b) the Company receives a court order requiring it to Outturn the Grain. 7.5 The Client will indemnify the Company against all losses (including consequential and indirect loss), costs, damages, expenses, charges and surcharges the Company incurs or sustains as a result of a Claim made against the Company by any person holding a security Interest over Client Grain and/or for breach of clause 7.14.

Outturn Entitlement. 7.1 The Client will be entitled to an Outturn by weight of the Client Grain initially received on behalf of the Client; after deduction of the Shrinkage Allowance and Dust (“Outturn Entitlement”). The Client may access the whole or part of the Outturn Entitlement by issuing a GMO. 7.2 When all Client Grain has been Outturned from all Facilities the Company will advise the Client of any variation between the Outturn Entitlement and the tonnage actually outturned (“Variation”). If the Outturn Entitlement has not been completely received by the Client, the Company will, in its absolute discretion, either (a) replace the physical short Outturn Entitlement of the Client, or (b) determine, acting reasonably, the value of the Variation including any freight component base grade quality. 7.3 If the Company determines in accordance with clause 7.2(b), that after the Outturn of all Client Grain of a Season from all Company non-port Facilities for a Grade, there is a difference between the Client's Outturn Entitlement and the tonnage actually Outturned to the Client. (a) If the actual tonnage Outturned to the Client exceeds the Client’s Outturn Entitlement, the Client must either pay the Company for the excess at the Washout Price or replace the shortfall by using other grades as negotiated and agreed with the Company. (b) If the actual tonnage Outturned to the Client is less than the Client’s Outturn Entitlement, the Company may, at its discretion, either replace the physical Grain shortfall in the Client’s Outturn Entitlement Entitlement, or pay the Client for the deficiency in the Outturn Entitlement at the Washout Price. (c) For the purposes of this clause 7.3, “Washout Price” for the Client Grain, unless otherwise agreed, a spot price will be determined (average of three independent brokers) on the day that the Client is advised of the variation. 7.4 The Company is not required to Outturn Grain if it has received notification notice from a bona fide third party person holding a security Interest interest over that Client Grain) Grain until; (a) the party person holding the security interest has consented to the Outturn; or (b) the Company receives a court order requiring it to Outturn the Grain. 7.5 The Client will indemnify the Company against all losses (including excluding consequential and indirect loss), costs, damages, expenses, charges and surcharges the Company incurs or sustains as a result of a Claim claim made against the Company by any person holding a security Interest interest over Client Grain and/or for breach of clause 7.14Grain.

Outturn Entitlement. 7.1 The Client will be entitled to an Outturn by weight of the Client Grain initially received on behalf of the Client; after deduction of the Shrinkage Allowance and Dust (“Outturn Entitlement”). The Client may access the whole or part of the Outturn Outtturn Entitlement by issuing a GMO. 7.2 When all Client Grain has been Outturned from all Facilities the Company will advise the Client of any variation between the Outturn Entitlement and the tonnage actually outturned (“Variation”). If the Outturn Entitlement has not been completely received by the Client, the Company will, in its absolute discretion, either (a) replace the physical short Outturn Entitlement of the Client, or (b) determine, acting reasonably, the value of the Variation including any freight component base grade quality. 7.3 If the Company determines in accordance with clause 7.2(b), that after the Outturn of all Client Grain of a Season from all Company non-port Facilities for a Grade, there is a difference between the Client's Outturn Entitlement and the tonnage actually Outturned to the Client. (a) For Client Grain, unless otherwise agreed, a Season average price will be calculated based on Season average cash prices posted by the Client and all other clients over Harvest at the non-port Company Facility (“Washout Price”). If cash prices are not posted at particular Company Facilities, or are posted with such irregularity that they do not represent the market price (in the opinion of the Company in its sole discretion), then the Company will use the average cash price at the Company’s nearby Upcountry Facilities for the relevant Harvest adjusted by the GTA location differential. (b) If the actual tonnage Outturned to the Client exceeds the Client’s Outturn Entitlement, the Client must either pay the Company for the excess at the average price calculated under clause 7.3 (a) (Washout Price Price) or replace the shortfall by using other grades as negotiated and agreed with the Company. (bc) If the actual tonnage Outturned to the Client is less than the Client’s Outturn Entitlement, the Company may, at its discretion, either replace the physical Grain shortfall in the Client’s Outturn Entitlement Entitlement, or pay the Client for the deficiency in the Outturn Entitlement at the Washout Price. (c) For the purposes of this clause 7.3, “Washout Price” for the Client Grain, unless otherwise agreed, a spot price will be determined (average of three independent brokers) on the day that the Client is advised of the variation. 7.4 The Company is not required to Outturn Grain if it has received notification notice from a bona fide third party person holding a security Interest interest over that Client Grain) Grain until; (a) the party person holding the security interest has consented to the Outturn; or (b) the Company receives a court order requiring it to Outturn the Grain. 7.5 The Client will indemnify the Company against all losses (including excluding consequential and indirect loss), costs, damages, expenses, charges and surcharges the Company incurs or sustains as a result of a Claim claim made against the Company by any person holding a security Interest interest over Client Grain and/or for breach of clause 7.14Grain.

Outturn Entitlement. 7.1 8.1 The Client Xxxxxx will be entitled to maintain an Outturn by weight electronic record of the Client Grain initially received on behalf weights, types, grades and standards of the Client; after deduction ’s Commodity Received, Outturned and Transferred, subject to shrinkage allowance, the running balance of which shall be the Client’s Outturn Entitlement. The Xxxxxx’x electronic records will be prima facie evidence of the Shrinkage Allowance and Dust (“Client’s Outturn Entitlement”). . 8.2 The Client may access must give the whole or part Xxxxxx at least one (1) day’s written notice of a request to Outturn Commodity in the form of the Commodity Outturn Entitlement by issuing a GMO. 7.2 When all Client Grain has been Outturned from all Facilities the Company will advise the Client of any variation between the Order (Outturn Entitlement and the tonnage actually outturned (“Variation”). If the Outturn Entitlement has not been completely received by the Client, the Company will, in its absolute discretion, eitherRequest) advising: (a) replace the physical short Outturn Entitlement of the Client, orQuantity; (b) determine, acting reasonably, the value Type/Grade/Standard; (c) Name of the Variation including any freight component base grade qualityTransport Provider; and (d) Estimated time of arrival of Transport Provider. 7.3 8.3 The Xxxxxx will confirm particulars of outturn (Outturn Confirmation) as soon as is practicable following receipt of an Outturn Request under clause 8.2. 8.4 The Client acknowledges that the Xxxxxx has no obligation to outturn Commodity other than as provided in an Outturn Confirmation. 8.5 If the Company determines in accordance with clause 7.2(b)Outturn Request is for the entire Outturn Entitlement, that after the Outturn of all Client Grain of a Season from all Company non-port Facilities for a Grade, there is a difference between the Client's Outturn Entitlement and the tonnage actually Outturned to the Client. (a) If the actual tonnage Outturned outturned to the Client exceeds the Client’s Outturn Entitlement, the Client must either pay the Company Xxxxxx for the excess at the Washout Price or replace the shortfall excess by using other grades as negotiated and agreed with the CompanyXxxxxx. (b) 8.6 If the Outturn Request is for the entire Outturn Entitlement, and the actual tonnage Outturned to the Client outturned is less than the Client’s Outturn Entitlement, the Company Xxxxxx may, at its discretion, either replace the physical Grain shortfall in the Client’s Outturn Entitlement or pay the Client for the deficiency in the Outturn Entitlement outturn entitlement at the Washout Price. (c) 8.7 For the purposes purpose of this clause 7.3Clauses 8.5 and 8.6, “Washout Price” for the Client GrainClient’s grain, unless otherwise agreed, a is the spot market price will be determined (by an average of three independent brokers) brokers calculated based on the day that the Client is advised of the variation. 7.4 8.8 The Company Client will, at the Client’s expense, remove the Commodity from the storage as soon as is not required to Outturn Grain if it has received notification practicable after receipt of a notice from a bona fide third party holding a security Interest over that Client Grain) until; (a) the party holding the security interest has consented to the Outturn; or (b) the Company receives a court order Xxxxxx requiring it to Outturn the Graindo so. 7.5 The Client will indemnify the Company against all losses (including consequential and indirect loss), costs, damages, expenses, charges and surcharges the Company incurs or sustains as a result of a Claim made against the Company by any person holding a security Interest over Client Grain and/or for breach of clause 7.14.

Outturn Entitlement. 7.1 The Client will be entitled to an Outturn by weight of the Client Grain initially received on behalf of the Client; after deduction of the Shrinkage Allowance and Dust (“Outturn Entitlement”). The Client may access the whole or part of the Outturn Outtturn Entitlement by issuing a GMO.GMO.‌ 7.2 When all Client Grain has been Outturned from all Facilities the Company will advise the Client of any variation between the Outturn Entitlement and the tonnage actually outturned (“Variation”). If the Outturn Entitlement has not been completely received by the Client, the Company will, in its absolute discretion, either (a) replace the physical short Outturn Entitlement of the Client, or (b) determine, acting reasonably, the value of the Variation including any freight component base grade quality.quality.‌ 7.3 If the Company determines in accordance with clause 7.2(b), that after the Outturn of all that:‌ (a) For Client Grain of Grain, unless otherwise agreed, a Season from average price will be calculated based on Season average cash prices posted by the Client and all Company Other Clients over harvest at the non-port Facilities Company Facility (“Washout Price”). If cash prices are not posted at particular Company Facilities, or are posted with such irregularity that they do not represent the market price (in the opinion of the Company in its sole discretion), then the Company will use the average estimated pool return of three pool providers posted at the Company Facility for a Grade, there is a difference between the Client's Outturn Entitlement and the tonnage actually Outturned to the ClientSeason of delivery as its financial washout value. (ab) If the actual tonnage Outturned to the Client exceeds the Client’s Outturn Entitlement, the Client must either pay the Company for the excess at the average price calculated under clause 7.3 (a) (Washout Price Price) or replace the shortfall by using other grades as negotiated and agreed with the Company. (bc) If the actual tonnage Outturned to the Client is less than the Client’s Outturn Entitlement, the Company may, at its discretion, either replace the physical Grain shortfall in the Client’s Outturn Entitlement Entitlement, or pay the Client for the deficiency in the Outturn Entitlement at the Washout Price. (c) For the purposes of this clause 7.3, “Washout Price” for the Client Grain, unless otherwise agreed, a spot price will be determined (average of three independent brokers) on the day that the Client is advised of the variation. 7.4 The Company is not required to Outturn Grain if it has received notification notice from a bona fide third party person holding a security Interest interest over that Client Grain) Grain until; (a) the party person holding the security interest has consented to the Outturnto; or (b) the Company receives a court order requiring it to Outturn the Grain. 7.5 The Client will indemnify the Company against all losses (including excluding consequential and indirect loss), costs, damages, expenses, charges and surcharges the Company incurs or sustains as a 7.6 The Client may elect to transfer title to all or part of the Outturn Entitlement to a client by providing prior notice of such transfer (“In-Store Transfer”). The Company may refuse an In- Store Transfer if the In-Store Transfer would result in the Client’s Outturn Entitlement going into a negative position at any Facility. 7.7 The Company may require In-Store Transfers to take place at individual weighnote level, thus allowing calculations of the value of the Grain to be ascertained between the seller and the buyer. 7.8 An In-Store Transfer is effective from the date of the notice by the Client. The Client remains liable for all Charges incurred up to the date of the In-Store Transfer. 7.9 The Company undertakes to Outturn Grain in accordance with the Outturn Protocol. 7.10 The Company will order the Outturn of Outturn Entitlements for the loading of the Client’s vessels (where applicable) in accordance with the Port Loading Protocol and the Cargo Assembly Plan. 7.11 The Client will use its best endeavours to Outturn Grain from a Claim Facility no later than 10 September 2015. 7.12 The Company reserves the right to swap the Client Outturn Entitlement between non-port Facilities and Outturn at a non-port Facility other than the non-port Facility at which the Client acquired the Grain if that non-port Facility no longer holds the required quantity and/or grade of Grain or the required quantity and/or grade of Grain is unavailable for outturn at that particular time. Freight adjustment will be made against on the Company by any person holding basis of GTA location differentials. 7.13 The Company’s obligations in respect of the Grain cease immediately upon Outturn of the Grain from a security Interest over Client Grain and/or for breach of clause 7.14Facility.

Outturn Entitlement. 7.1 The Client will be entitled to an Outturn by weight of the Client Grain initially received on behalf of the Client; after deduction of the Shrinkage Allowance and Dust (“Outturn Entitlement”). The Client may access the whole or part of the Outturn Entitlement by issuing a GMO.GMO.‌ 7.2 When all Client Grain has been Outturned from all Facilities the Company will advise the Client of any variation between the Outturn Entitlement and the tonnage actually outturned (“Variation”). If the Outturn Entitlement has not been completely received by the Client, the Company will, in its absolute discretion, either (a) replace the physical short Outturn Entitlement of the Client, or (b) determine, acting reasonably, the value of the Variation including any freight component base grade quality.quality.‌ 7.3 If the Company determines in accordance with clause 7.2(b), that after the Outturn of all Client Grain of a Season from all Company non-port Facilities for a Grade, there is a difference between the Client's Outturn Entitlement and the tonnage actually Outturned to the Client.Client.‌ (a) If the actual tonnage Outturned to the Client exceeds the Client’s Outturn Entitlement, the Client must either pay the Company for the excess at the Washout Price or replace the shortfall by using other grades as negotiated and agreed with the Company. (b) If the actual tonnage Outturned to the Client is less than the Client’s Outturn Entitlement, the Company may, at its discretion, either replace the physical Grain shortfall in the Client’s Outturn Entitlement Entitlement, or pay the Client for the deficiency in the Outturn Entitlement at the Washout Price. (c) For the purposes of this clause 7.3, “Washout Price” for the Client Grain, unless otherwise agreed, a spot price will be determined (average of three independent brokers) on the day that the Client is advised of the variation. 7.4 The Company is not required to Outturn Grain if it has received notification from a bona fide third party holding a security Interest over that Client Grain) until; (a) the party holding the security interest has consented to the Outturn; or (b) the Company receives a court order requiring it to Outturn the Grain. 7.5 The Client will indemnify the Company against all losses (including consequential and indirect loss), costs, damages, expenses, charges and surcharges the Company incurs or sustains as a result of a Claim made against the Company by any person holding a security Interest over Client Grain and/or for breach of clause 7.14.

Outturn Entitlement. 7.1 The Client will be entitled to an Outturn by weight of the Client Grain initially received on behalf of the Client; Client after deduction of the Shrinkage Allowance and Dust (“Outturn Entitlement”). The Client may access the whole or part of the Outturn Outtturn Entitlement by issuing a GMO.GMO.‌ 7.2 When all Client Grain has been Outturned from all Facilities the Port Terminal the Company will advise the Client of any variation between the Outturn Entitlement and the tonnage actually outturned (“Variation”). If the Outturn Entitlement has not been completely received by the Client, the Company will, in its absolute discretion, either (a) replace the physical short Outturn Entitlement of the Client, or (b) determine, acting reasonably, the value of the Variation including any freight component base grade quality.quality.‌ 7.3 If the Company determines in accordance with clause 7.2(b), that after the Outturn of all Client Grain of a Season from all Company non-port Facilities for a Gradethat, there is a difference between the Client's Outturn Entitlement and the tonnage actually Outturned to the Client.Client:‌ (a) For Client Grain, unless otherwise agreed, a Season average price will be calculated based on Season average cash prices posted by the Client and all Other Clients over harvest at the non-port Company Facilities.‌ (b) If the actual tonnage Outturned to the Client exceeds the Client’s Outturn Entitlement, the Client must either pay the Company for the excess at the average price calculated under clause 7.3 (a) (Washout Price Price) or replace the shortfall by using other grades as negotiated and agreed with the Company. (bc) If the actual tonnage Outturned to the Client is less than the Client’s Outturn Entitlement, the Company may, at its discretion, either replace the physical Grain shortfall in the Client’s Outturn Entitlement Entitlement, or pay the Client for the deficiency in the Outturn Entitlement at the Washout Price. (c) For the purposes of this clause 7.3, “Washout Price” for the Client Grain, unless otherwise agreed, a spot price will be determined (average of three independent brokers) on the day that the Client is advised of the variation. 7.4 The Company is not required to Outturn Grain if it has received notification notice from a bona fide third party person holding a security Interest interest over that Client Grain) Grain until; (a) the party The person holding the security interest has consented to the Outturnto; or (b) the The Company receives a court order requiring it to Outturn the Grainto. 7.5 The Client will indemnify the Company against all losses (including consequential and indirect loss)losses, costs, damages, expenses, charges and surcharges the Company incurs or sustains as a result of a Claim claim made against the Company by any person holding a security Interest interest over Client Grain. 7.6 The Client may elect to transfer title to all or part of the Outturn Entitlement at the Port Terminal to another client by providing prior notice of such transfer (“In-Store Transfer”). The Company may refuse an In-Store Transfer if the In-Store Transfer would result in the Client’s Outturn Entitlement going into a negative position at the Port Terminal. 7.7 An In-Store Transfer is effective from the date of the notice by the Client. The Client remains liable for all Charges incurred up to the date of the In-Store Transfer. 7.8 The Company undertakes to Outturn Grain and/or in accordance with the Outturn Protocols. 7.9 The Company will, to the extent practicable taking into account clients’ requirements, prioritise the Outturn of Outturn Entitlements for breach the loading of clause 7.14the Client’s vessels (where applicable) in accordance with the Cargo Assembly Plan. 7.10 The Company’s obligations in respect of the care of the Grain cease immediately upon Outturn of the Grain from the Port Terminal.

Outturn Entitlement. 7.1 The Client will be entitled to an Outturn by weight of the Client Grain initially received on behalf of the Client; after deduction of the Shrinkage Allowance and Dust (“Outturn Entitlement”). The Client may access the whole or part of the Outturn Entitlement by issuing a GMO. 7.2 When all Client Grain has been Outturned from all Facilities the Company will advise the Client of any variation between the Outturn Entitlement and the tonnage actually outturned (“Variation”). If the Outturn Entitlement has not been completely received by the Client, the Company will, in its absolute discretion, either (a) replace the physical short Outturn Entitlement of the Client, or (b) determine, acting reasonably, the value of the Variation including any freight component base grade quality. 7.3 If the Company determines in accordance with clause 7.2(b), that after the Outturn of all Client Grain of a Season from all Company non-port Facilities for a Grade, there is a difference between the Client's Outturn Entitlement and the tonnage actually Outturned to the Client. (a) If the actual tonnage Outturned to the Client exceeds the Client’s Outturn Entitlement, the Client must either pay the Company for the excess at the Washout Price or replace the shortfall by using other grades as negotiated and agreed with the Company. (b) If the actual tonnage Outturned to the Client is less than the Client’s Outturn Entitlement, the Company may, at its discretion, either replace the physical Grain shortfall in the Client’s Outturn Entitlement Entitlement, or pay the Client for the deficiency in the Outturn Entitlement at the Washout Price. (c) For the purposes of this clause 7.3, “Washout Price” for the Client Grain, unless otherwise agreed, a spot price will be determined (average of three independent brokers) on the day that the Client is advised of the variation. 7.4 The Company is not required to Outturn Grain if it has received notification from a bona fide third party holding a security Interest over that Client Grain) until; (a) the party holding the security interest has consented to the Outturn; or (b) the Company receives a court order requiring it to Outturn the Grain.. Emerald Logistics Storage and Handling Agreement 2021/2022 7.5 The Client will indemnify the Company against all losses (including consequential and indirect loss), costs, damages, expenses, charges and surcharges the Company incurs or sustains as a result of a Claim made against the Company by any person holding a security Interest over Client Grain and/or for breach of clause 7.14...

Outturn Entitlement. 7.1 The Client will be entitled to an Outturn by weight of the Client Grain initially received on behalf of the Client; after deduction of the Shrinkage Allowance and Dust (“Outturn Entitlement”). The Client may access the whole or part of the Outturn Entitlement by issuing a GMO. 7.2 When all Client Grain has been Outturned from all Facilities the Company will advise the Client of any variation between the Outturn Entitlement and the tonnage actually outturned (“Variation”). If the Outturn Entitlement has not been completely received by the Client, the Company will, in its absolute discretion, either (a) replace the physical short Outturn Entitlement of the Client, or (b) determine, acting reasonably, the value of the Variation including any freight component base grade quality. 7.3 If the Company determines in accordance with clause 7.2(b), that after the Outturn of all Client Grain of a Season from all Company non-port Facilities for a Grade, there is a difference between the Client's Outturn Entitlement and the tonnage actually Outturned to the Client. (a) If the actual tonnage Outturned to the Client exceeds the Client’s Outturn Entitlement, the Client must either pay the Company for the excess at the Washout Price or replace the shortfall by using other grades as negotiated and agreed with the Company. (b) If the actual tonnage Outturned to the Client is less than the Client’s Outturn Entitlement, the Company may, at its discretion, either replace the physical Grain shortfall in the Client’s Outturn Entitlement Entitlement, or pay the Client for the deficiency in the Outturn Entitlement at the Washout Price. (c) For the purposes of this clause 7.3, “Washout Price” for the Client Grain, unless otherwise agreed, a spot price will be determined (average of three independent brokers) on the day that the Client is advised of the variation. 7.4 The Company is not required to Outturn Grain if it has received notification notice from a bona fide third party person holding a security Interest interest over that Client Grain) Grain until; (a) the party person holding the security interest has consented to the Outturn; or (b) the Company receives a court order requiring it to Outturn the Grain. 7.5 The Client will indemnify the Company against all losses (including excluding consequential and indirect loss), costs, damages, expenses, charges and surcharges the Company incurs or sustains as a result of a Claim made against the Company by any person holding a security Interest interest over Client Grain and/or for breach of clause 7.14Grain.

Outturn Entitlement. 7.1 The Client will be entitled to an Outturn by weight of the the: (a) Client Grain initially received on behalf of the Client; or (b) if clause 6.8 (a) applies, Client Grain as stated in the Stock Summary Report, after deduction of the Shrinkage Allowance and Dust (“Outturn Entitlement”). The Client may access the whole or part of the Outturn Outtturn Entitlement by issuing a GMO. 7.2 When all Client Grain has been Outturned from all Facilities the Company will advise the Client of any variation between the Outturn Entitlement and the tonnage actually outturned (“Variation”). If the Outturn Entitlement has not been completely received by the Client, the Company will, in its absolute discretion, either (a) replace the physical short Outturn Entitlement of the Client, or (b) determine, acting reasonably, the value of the Variation including any freight component base grade quality. 7.3 If the Company determines in accordance with clause 7.2(b), that after the Outturn of all Client Grain of a Season from all Company non-port Facilities for a Grade, there is a difference between the Client's Outturn Entitlement and the tonnage actually Outturned to the Client.: (a) For Client Grain, unless otherwise agreed, a Season average price will be calculated based on Season average cash prices posted by the Client and all Other Clients over (b) If the actual tonnage Outturned to the Client exceeds the Client’s Client‟s Outturn Entitlement, the Client must either pay the Company for the excess at the average price calculated under clause 7.3 (a) (Washout Price Price) or replace the shortfall by using other grades as negotiated and agreed with the Company. (bc) If the actual tonnage Outturned to the Client is less than the Client’s Client‟s Outturn Entitlement, the Company may, at its discretion, either replace the physical Grain shortfall in the Client’s Client‟s Outturn Entitlement Entitlement, or pay the Client for the deficiency in the Outturn Entitlement at the Washout Price. (c) For the purposes of this clause 7.3, “Washout Price” for the Client Grain, unless otherwise agreed, a spot price will be determined (average of three independent brokers) on the day that the Client is advised of the variation. 7.4 The Company is not required to Outturn Grain if it has received notification notice from a bona fide third party person holding a security Interest interest over that Client Grain) Grain until; (a) the party The person holding the security interest has consented to the Outturnto; or (b) the The Company receives a court order requiring it to Outturn the Grainto. 7.5 The Client will indemnify the Company against all losses (including consequential and indirect loss)losses, costs, damages, expenses, charges and surcharges the Company incurs or sustains as a result of a Claim claim made against the Company by any person holding a security Interest interest over Client Grain and/or for breach of clause 7.14Grain.

Outturn Entitlement. 7.1 The Client will be entitled to an Outturn by weight of the Client Grain initially received on behalf of the Client; after deduction of the Shrinkage Allowance and Dust (“Outturn Entitlement”). The Client may access the whole or part of the Outturn Entitlement by issuing a GMO.GMO.‌ 7.2 When all Client Grain has been Outturned from all Facilities the Company will advise the Client of any variation between the Outturn Entitlement and the tonnage actually outturned (“Variation”). If the Outturn Entitlement has not been completely received by the Client, the Company will, in its absolute discretion, either (a) replace the physical short Outturn Entitlement of the Client, or (b) determine, acting reasonably, the value of the Variation including any freight component base grade quality.quality.‌ 7.3 If the Company determines in accordance with clause 7.2(b), that after the Outturn of all Client Grain of a Season from all Company non-port Facilities for a Grade, there is a difference between the Client's Outturn Entitlement and the tonnage actually Outturned to the Client.Client.‌ (a) If the actual tonnage Outturned to the Client exceeds the Client’s Outturn Entitlement, the Client must either pay the Company for the excess at the Washout Price or replace the shortfall by using other grades as negotiated and agreed with the Company. (b) If the actual tonnage Outturned to the Client is less than the Client’s Outturn Entitlement, the Company may, at its discretion, either replace the physical Grain shortfall in the Client’s Outturn Entitlement Entitlement, or pay the Client for the deficiency in the Outturn Entitlement at the Washout Price. (c) For the purposes of this clause 7.3, “Washout Price” for the Client Grain, unless otherwise agreed, a spot price will be determined (average of three independent brokers) on the day that the Client is advised of the variation. 7.4 The Company is not required to Outturn Grain if it has received notification notice from a bona fide third party person holding a security Interest interest over that Client Grain) Grain until; (a) the party person holding the security interest has consented to the Outturn; or (b) the Company receives a court order requiring it to Outturn the Grain. 7.5 The Client will indemnify the Company against all losses (including excluding consequential and indirect loss), costs, damages, expenses, charges and surcharges the Company incurs or sustains as a result of a Claim claim made against the Company by any person holding a security Interest interest over Client Grain and/or for breach of clause 7.14Grain.

Outturn Entitlement. 7.1 The Client will be entitled to an Outturn by weight of the Client Grain initially received on behalf of the Client; after deduction of the Shrinkage Allowance and Dust (“Outturn Entitlement”). The Client may access the whole or part of the Outturn Entitlement by issuing a GMO.GMO.‌ 7.2 When all Client Grain has been Outturned from all Facilities the Company will advise the Client of any variation between the Outturn Entitlement and the tonnage actually outturned (“Variation”). If the Outturn Entitlement has not been completely received by the Client, the Company will, in its absolute discretion, either (a) replace the physical short Outturn Entitlement of the Client, or (b) determine, acting reasonably, the value of the Variation including any freight component base grade quality.quality.‌ 7.3 If the Company determines in accordance with clause 7.2(b), that after the Outturn of all Client Grain of a Season from all Company non-port Facilities for a Grade, there is a difference between the Client's Outturn Entitlement and the tonnage actually Outturned to the Client.Client.‌ (a) If the actual tonnage Outturned to the Client exceeds the Client’s Outturn Entitlement, the Client must either pay the Company for the excess at the Washout Price or replace the shortfall by using other grades as negotiated and agreed with the Company. (b) If the actual tonnage Outturned to the Client is less than the Client’s Outturn Entitlement, the Company may, at its discretion, either replace the physical Grain shortfall in the Client’s Outturn Entitlement or pay the Client for the deficiency in the Outturn Entitlement at the Washout Price. (c) For the purposes of this clause 7.3, “Washout Price” for the Client Grain, unless otherwise agreed, a spot price will be determined (average of three independent brokers) on the day that the Client is advised of the variation. 7.4 The Company is not required to Outturn Grain if it has received notification from a bona fide third party holding a security Interest over that Client Grain) until; (a) the party holding the security interest has consented to the Outturn; or (b) the Company receives a court order requiring it to Outturn the Grain. 7.5 The Client will indemnify the Company against all losses (including consequential and indirect loss), costs, damages, expenses, charges and surcharges the Company incurs or sustains as a result of a Claim made against the Company by any person holding a security Interest over Client Grain and/or for breach of clause 7.14.

Outturn Entitlement. 7.1 The Client will be entitled to an Outturn by weight of the Client Grain initially received on behalf of the Client; Client after deduction of the Shrinkage Allowance and Dust (“Outturn Entitlement”). The Client may access the whole or part of the Outturn Outtturn Entitlement by issuing a GMO. 7.2 When all Client Grain has been Outturned from all Facilities the Port Terminal the Company will advise the Client of any variation between the Outturn Entitlement and the tonnage actually outturned (“Variation”). If the Outturn Entitlement has not been completely received by the Client, the Company will, in its absolute discretion, either (a) replace the physical short Outturn Entitlement of the Client, or (b) determine, acting reasonably, the value of the Variation including any freight component base grade quality. 7.3 If the Company determines in accordance with clause 7.2(b), that after the Outturn of all Client Grain of a Season from all Company non-port Facilities for a Gradethat, there is a difference between the Client's Outturn Entitlement and the tonnage actually Outturned to the Client: (a) For Client Grain, unless otherwise agreed, a Season average price will be calculated based on Season average cash prices posted by the Client and all Other Clients over harvest at the non-port Company Facilities. (ab) If the actual tonnage Outturned to the Client exceeds the Client’s Client‟s Outturn Entitlement, the Client must either pay the Company for the excess at the average price calculated under clause 7.3 (a) (Washout Price Price) or replace the shortfall by using other grades as negotiated and agreed with the Company. (bc) If the actual tonnage Outturned to the Client is less than the Client’s Client‟s Outturn Entitlement, the Company may, at its discretion, either replace the physical Grain shortfall in the Client’s Client‟s Outturn Entitlement Entitlement, or pay the Client for the deficiency in the Outturn Entitlement at the Washout Price. (c) For the purposes of this clause 7.3, “Washout Price” for the Client Grain, unless otherwise agreed, a spot price will be determined (average of three independent brokers) on the day that the Client is advised of the variation. 7.4 The Company is not required to Outturn Grain if it has received notification notice from a bona fide third party person holding a security Interest interest over that Client Grain) Grain until; (a) the party The person holding the security interest has consented to the Outturnto; or (b) the The Company receives a court order requiring it to Outturn the Grainto. 7.5 The Client will indemnify the Company against all losses (including consequential and indirect loss)losses, costs, damages, expenses, charges and surcharges the Company incurs or sustains as a result of a Claim claim made against the Company by any person holding a security Interest interest over Client Grain and/or for breach of clause 7.14Grain.

Outturn Entitlement. 7.1 The Client will be entitled to an Outturn by weight of the Client Grain initially received on behalf of the Client; after deduction of the Shrinkage Allowance and Dust (“Outturn Entitlement”). The Client may access the whole or part of the Outturn Outtturn Entitlement by issuing a GMO.GMO.‌ 7.2 When all Client Grain has been Outturned from all Facilities the Company will advise the Client of any variation between the Outturn Entitlement and the tonnage actually outturned (“Variation”). If the Outturn Entitlement has not been completely received by the Client, the Company will, in its absolute discretion, either (a) replace the physical short Outturn Entitlement of the Client, or (b) determine, acting reasonably, the value of the Variation including any freight component base grade quality.quality.‌ 7.3 If the Company determines in accordance with clause 7.2(b), that after the Outturn of all Client Grain of a Season from all Company non-port Facilities for a Grade, there is a difference between the Client's Outturn Entitlement and the tonnage actually Outturned to the Client.Client.‌ (a) For Client Grain, unless otherwise agreed, a Season average price will be calculated based on Season average cash prices posted by the Client and all other clients over Harvest at the non-port Company Facility (“Washout Price”). If cash prices are not posted at particular Company Facilities, or are posted with such irregularity that they do not represent the market price (in the opinion of the Company in its sole discretion), then the Company will use the average cash price at the Company’s nearby Upcountry Facilities for the relevant Harvest adjusted by the GTA location differential.‌ (b) If the actual tonnage Outturned to the Client exceeds the Client’s Outturn Entitlement, the Client must either pay the Company for the excess at the average price calculated under clause 7.3 (a) (Washout Price Price) or replace the shortfall by using other grades as negotiated and agreed with the Company. (bc) If the actual tonnage Outturned to the Client is less than the Client’s Outturn Entitlement, the Company may, at its discretion, either replace the physical Grain shortfall in the Client’s Outturn Entitlement Entitlement, or pay the Client for the deficiency in the Outturn Entitlement at the Washout Price. (c) For the purposes of this clause 7.3, “Washout Price” for the Client Grain, unless otherwise agreed, a spot price will be determined (average of three independent brokers) on the day that the Client is advised of the variation. 7.4 The Company is not required to Outturn Grain if it has received notification notice from a bona fide third party person holding a security Interest interest over that Client Grain) Grain until; (a) the party person holding the security interest has consented to the Outturn; or (b) the Company receives a court order requiring it to Outturn the Grain. 7.5 The Client will indemnify the Company against all losses (including excluding consequential and indirect loss), costs, damages, expenses, charges and surcharges the Company incurs or sustains as a result of a Claim claim made against the Company by any person holding a security Interest interest over Client Grain and/or for breach of clause 7.14Grain.