Outturn Standards Sample Clauses

Outturn Standards. (a) Subject to clause 7.4, Viterra will Outturn Grain to the standards set out in the Outturn Standards. (b) If requested by the Client, Viterra may, but is not obliged to, agree to Outturn to a more stringent standard than the applicable Outturn Standard, but a charge may be applied for this service. Any agreement by Viterra under this clause 7.4(b) can only be made in writing by a person authorised to act on behalf of Viterra. Unless otherwise agreed under this clause 7.4(b), at no time will Viterra be required to meet any standards which are not measured by Viterra at the time of receival or are an inherent component of the Grain which deteriorates with time based storage. (c) Viterra: (i) does not make any warranty or representation that Grain Outturned in accordance with either clause 7.4(a) or 7.4(b) will meet any export standards imposed by Department of Agriculture or standards imposed by an importing country; (ii) does not make any warranty or representation that malting barley will germinate after Outturn; and (iii) reserves the right, at its reasonable discretion but on not less than 20 Business Days' prior notice to the Client, to regrade to Barley1 Grade, any malting Grade barley that remains in Viterra's Facilities after 31 March of the year following the year in which the Service Year of delivery ended; and (iv) after a regrade in accordance with 7.4(c)(iii), Viterra can commingle the regraded stocks with other barley grades and varieties. (d) Without limiting clause 18, the Client indemnifies Viterra against any and all Losses Viterra incurs or sustains, and agrees that Viterra is not liable for Losses the Client incurs or sustains, as a direct or indirect result of Grain being Outturned by Viterra which is of a more stringent standard than the applicable Outturn Standard, yet fails to meet any export standards imposed by Department of Agriculture or standards imposed by an importing country. (e) If, at the request of the Client, Viterra undertakes any classification testing at the time of Outturn which is over and above that normally conducted by Viterra to ensure Outturned Grain meets the minimum standard for the Binned Grade stored, Viterra may charge the Client for that classification testing.
AutoNDA by SimpleDocs
Outturn Standards. (a) Subject to this clause 7.3, Bulk Wheat will be Outturned to the standards prescribed by the Receival (Classification) Standards and in accordance with the Outturn tolerances set out in the Booking Form. (b) Without limiting clause 18, the Client indemnifies the Company against all costs, losses, damages and expenses the Company or the Client incurs or sustains as a direct or indirect result of the Company Outturning Bulk Wheat at a standard equal to or exceeding the applicable outturn standard, but which fails to meet any export standards imposed by AQIS DAFF or standards imposed by an importing country. (c) If, at the request of the Client, the Company undertakes any classification testing at the time of Outturn which is over and above that normally conducted by the Company to ensure Outturned Bulk Wheat meets the minimum standard for the Binned Grade stored, the Company may charge the Client for that classification testing.
Outturn Standards. (a) Subject to this clause 7.3, Viterra will Outturn Bulk Wheat to the standards set out in the Outturn Standards. (b) Without limiting clause 18, the Client indemnifies Viterra against all Losses Viterra incurs or sustains, and agrees that Viterra is not liable for Losses the Client incurs or sustains, as a direct or indirect result of Viterra Outturning Bulk Wheat at a standard equal to or exceeding the applicable Outturn Standard, but which fails to meet any export standards imposed by DA or standards imposed by an importing country. (c) If, at the request of the Client, Viterra undertakes any classification testing at the time of Outturn which is over and above that normally conducted by Viterra to ensure Outturned Bulk Wheat meets the minimum standard for the Binned Grade stored, Viterra may charge the Client for that classification testing.
Outturn Standards. (a) Subject to clauses 7.3(b), 7.4(c) and 7.4(d), Grain will be Outturned to the standards prescribed by the Outturn Standards. (b) The Company may agree to Outturn to a more stringent standard than the applicable Outturn Standard, but a charge may be applied for this service. The Company will not warrant that either Grain Outturned to a more stringent standard than the applicable Outturn Standard or Grain Outturned to the specifications of the Outturn Standards will meet any export standards imposed by AQIS or standards imposed by an importing country. At no time will the Company be required to meet any standards which are not measured by the Company at the time of receival or are an inherent component of the Grain which deteriorates with time based storage. (c) The Company: (i) does not make any warranty or representation that malting barley will germinate after Outturn; and (ii) reserves the right, at its discretion but on not less than 20 Business Days' prior notice to the Client , to regrade to feed Grade, any malting Grade barley that remains in the Company's Facilities after the 31st July of the year following the year in which the Season of delivery ended. (d) Without limiting clause 18, the Client indemnifies the Company against all costs, losses, damages and expenses the Company or the Client incurs or sustains as a direct or indirect result of Grain being Outturned by the Company which is a more stringent standard than the applicable Outturn Standard, yet fails to meet any export standards imposed by AQIS or standards imposed by an importing country. (e) If, at the request of the Client, the Company undertakes any classification testing at the time of Outturn which is over and above that normally conducted by the Company to ensure Outturned Grain meets the minimum standard for the Binned Grade stored, the Company may charge the Client for that classification testing.
Outturn Standards. (a) Subject to this clause 7.37.4, Bulk Wheat will be Outturned to the standards prescribed by the Receival (Classification) Standards and in accordance with the Outturn tolerances set out in the Booking Form.
Outturn Standards. (a) Subject to this clause 7.3, Grain will be Outturned to the standards prescribed in the Outturn Standards. (b) Without limiting clause 18, the Client indemnifies Viterra against all Losses Viterra or the Client incurs or sustains as a direct or indirect result of Viterra Outturning Grain at a standard equal to or exceeding the applicable Outturn Standard, but which fails to meet any export standards imposed by DA or standards imposed by an importing country. (c) If, at the request of the Client, Viterra undertakes any classification testing at the time of Outturn which is over and above that normally conducted by Viterra to ensure Outturned Grain meets the minimum standard for the Binned Grade stored, Viterra may charge the Client for that classification testing.

Related to Outturn Standards

  • OMB Standards Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40−48.

  • Quality Standards Each Party agrees that the nature and quality of its products and services supplied in connection with the other Party's Marks will conform to quality standards set by the other Party. Each Party agrees to supply the other Party, upon request, with a reasonable number of samples of any Materials publicly disseminated by such Party which utilize the other Party's Marks. Each Party will comply with all applicable laws, regulations, and customs and obtain any required government approvals pertaining to use of the other Party's marks.

  • Operating Standards (A) Distributor and its Dealer(s) shall conduct the operation of their respective businesses related to the resale of the Product(s) in a clean and safe manner and shall otherwise conduct no business which could interfere with the sale of Product(s) or damage the goodwill of the Valero brand or the Marks. Without limiting the foregoing, Distributor and its Dealer(s) shall, at all times during the term of this Agreement, fully comply with VMSC’s then current “Basic Operational Requirements” which Distributor acknowledges have been received and reviewed by Distributor. Furthermore, without limiting any provision to the contrary herein, Distributor and its Dealer(s) shall fully comply with VMSC’s “Commitment to Excellence Requirements”, which Distributor acknowledges have been received and reviewed by Distributor. As of the Commencement Date, Distributor and its Dealer(s) agree to participate in the Commitment to Excellence Program (“CTE Program”). The CTE Program provides that each Station meets the established Commitment to Excellence Requirements which consists of requirements from each of the following VMSC documents: VMSC’s Basic Image Requirements, Wholesale Branding Manual, and Basic Operational Requirements. VMSC reserves the right to amend, change, or otherwise modify the “Basic Operational Requirements”, “Commitment to Excellence Requirements” and the “CTE Program” from time to time, in VMSC’s sole and absolute discretion. (B) Distributor and its Dealer(s) shall comply with all Laws of any governing authority or agency having jurisdiction or purporting to have jurisdiction relating to the handling, storage, testing, sale, distribution, transportation, and/or use of the Product(s) and shall further comply with all rules, guidelines, and procedures of VMSC in connection with the loading, transportation, handling, storing, testing, selling, dispensing, and/or use of the Product(s). (C) Subject to Paragraph 12 of this Agreement, Distributor and its Dealer(s) shall continuously offer at least three grades of “Valero” branded gasoline at each Station. (D) Distributor and its Dealer(s) will utilize and maintain updated point of sale systems as required by VMSC. VMSC also reserves the right to install, and Distributor and its Dealer(s) agree to utilize, update and maintain, other automated systems, at Distributor’s cost, as required by VMSC, including but not limited, such systems necessary to poll, at frequencies determined by VMSC, each Station’s Product sales. (E) VMSC may inspect or review compliance by Distributor and its Dealer(s) with the requirements of this Paragraph 8 in any reasonable manner that VMSC determines, including, but not limited to, announced and unannounced visits. (F) Distributor expressly understands and agrees that a confidential relationship is established between VMSC and Distributor under this Agreement and that, as a result thereof, VMSC will be disclosing and transmitting to Distributor certain confidential and proprietary information in connection with the Distributor’s operation of the Station. Distributor hereby agrees that Distributor shall not, during the term of this Agreement or thereafter, communicate, divulge or use for the benefit of any other person, persons, partnership, association or corporation and, following the expiration or termination of this Agreement, shall not use for the benefit of Distributor, or any of its principals, any confidential information, knowledge or know-how concerning the methods of operation (including pricing) of the Station which may be communicated to Distributor or its principals or of which they may be apprised in connection with the operation of the Station(s) under the terms of this Agreement. Distributor shall divulge such confidential information only to such of Distributor’s employees as must have access to it in order to operate the Station(s). Any and all information, knowledge, know-how, techniques and any materials used in or related to the Station which VMSC provides to Distributor in connection with this Agreement shall be deemed confidential for purposes of this Agreement. Such confidential information does not include information that, at the time it was disclosed to or learned by Distributor, was part of the public domain, nor information that, after the time it was disclosed to or learned by Distributor, became part of the public domain through disclosure, publication or communication by persons other than Distributor or its employees. Distributor shall not at any time, without VMSC’s prior written consent, copy, duplicate, record or otherwise reproduce such materials or information, in whole or in part, nor otherwise make the same available to any unauthorized person. (G) Distributor acknowledges that strict compliance with the terms and conditions of this Paragraph 8 is a material and important part of the consideration for this Agreement.

  • Safety Standards Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements.

  • Standards Any additions, modifications, or replacements made to a Party’s facilities shall be designed, constructed and operated in accordance with this Agreement, NYISO requirements and Good Utility Practice.

  • Content Standards You agree that you will not upload or provide content or otherwise post, transmit, distribute, or disseminate through the Zelle® Payment Service any material that: (1) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (2) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (3) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (4) contains corrupted data or any other harmful, disruptive, or destructive files; (5) advertises products or services competitive with Zelle®, as determined by Zelle® in its sole discretion; or (6) in Zelle®’s or our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Zelle® Payment Service, or which may expose us, Zelle® or our respective affiliates or customers to harm or liability of any nature.

  • Licensing Standards The Contractor, its employees and subcontractors shall comply with all applicable licensing standards, certification standards, accrediting standards and any other laws, rules, or regulations governing services to be provided by the Contractor pursuant to this Contract. The State will not pay the Contractor for any services performed when the Contractor, its employees or subcontractors are not in compliance with such applicable standards, laws, rules, or regulations. If any license, certification or accreditation expires or is revoked, or any disciplinary action is taken against an applicable license, certification, or accreditation, the Contractor shall notify the State immediately and the State, at its option, may immediately terminate this Contract.

  • Standards for Determining Commercial Reasonableness Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

  • Ethical Standards ‌ 7.8.1 Within ninety (90) days after the Effective Date, Developer shall adopt written policies establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel, in dealing with (a) IFA and the Department and (b) employment relations. Such policy shall be subject to review and comment by IFA prior to adoption. Such policy shall include standards of ethical conduct concerning the following: 7.8.1.1 Restrictions on gifts and contributions to, and lobbying of, IFA, the Department and any of their respective members, commissioners, directors, officers and employees, and elected State officials; 7.8.1.2 Protection of employees from unethical practices in selection, use, hiring, compensation or other terms and conditions of employment, or in firing, promotion and termination of employees; 7.8.1.3 Protection of employees from retaliatory actions (including discharge, demotion, suspension, threat, harassment, pay reduction or other discrimination in the terms and conditions of employment) in response to reporting of illegal (including the making of a false claim), unethical or unsafe actions or failures to act by any Developer-Related Entity; 7.8.1.4 Restrictions on directors, members, officers or supervisory or management personnel of any Developer-Related Entity engaging in any transaction or activity, including receiving or offering a financial incentive, benefit, loan or other financial interest, that is, or to a reasonable person appears to be, in conflict with or incompatible with the proper discharge of duties or independence of judgment or action in the performance of duties, or adverse to the interests of the Project or employees; 7.8.1.5 Restrictions on use of office or job position for a purpose that is, or would to a reasonable person appear to be, primarily for the private benefit of a director, member, officer or supervisory or management person, rather than primarily for the benefit of Developer or the Project, or primarily to achieve a private gain or an exemption from duty or responsibility for a director, member, officer or supervisory or management person; and 7.8.1.6 Restrictions on directors, members, officers or employees of any Developer-Related Entity performing any of the Work if the performance of such services would be prohibited under IFA’s conflict of interest rules and policies. 7.8.2 Developer shall cause its directors, members, officers and supervisory and management personnel, and require those of all other Developer-Related Entities, to adhere to and enforce the adopted policy on ethical standards of conduct. Developer shall establish reasonable systems and procedures to promote and monitor compliance with the policy. 7.8.3 Notwithstanding the foregoing in this Section 7.8, Developer has an affirmative obligation under this Agreement to disclose to IFA and to the Indiana State Ethics Commission when an interested party is or becomes an employee of IFA or the State. This obligation extends only to those facts that Developer knows or reasonably could know. For purposes of this Section 7.8.3, “interested party” means (a) the individual executing this Agreement, (b) an individual who has an interest of three percent (3%) or more of Developer, (c) any member of the immediate family of an individual specified in clause (a) or (b). For purposes of the preceding sentence, “immediate family” means the spouse and the unemancipated children of an individual.‌

  • Service Level Standards In addition to all other requirements in this Agreement, and in accordance with the Best Claims Practices & Estimating Guidelines, Vendor shall use reasonable and good faith efforts to meet the Service Level Standards set forth below.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!