Common use of Receipt and Storage Clause in Contracts

Receipt and Storage. 6.1 The Company will: (a) Receive Grain Delivered at the Facilities during the Term provided that in the sole opinion of the Company the Grain in each case complies with the Receival Standards, is in fit condition for safe and hygienic storage and in the opinion of the Company, storage space permits; (b) Store the Grain for the Client at the Facilities; and (c) Outturn the Grain for the Client at such time, or times, and in such quantities as the Client requires in accordance with Clause 7. 6.2 In respect of the Port Terminal only, the Client must, in addition to compliance with all other requirements of this clause 6: (a) notify the Company that the Client wishes to Deliver Grain to the Port Terminal, including the expected time of Delivery, (b) obtain the agreement of the Company to Deliver the Grain to the Port Terminal, (c) Require the Grower to complete an Ex- farm Grower Treatment Declaration available on the Emerald Website. 6.3 The Client will ensure that where a Grain is Delivered by a Grower, or agent on behalf of the Client, the Grower or agent will clearly state in writing the Client’s name at the time of delivery (“Nomination”). The Client will also ensure that a Nomination contains a statement to the effect that the delivering Grower or agent transfers all of the right, title and interest to and in the Grain to the Client. All Nominations are final and irrevocable and the Company may rely on the details of the Nomination without any further enquiries. 6.4 The Client will ensure that where Grain is Delivered from a Non Company Facility, it provides: (a) written confirmation to the Company of fumigation clearance, and (b) grain treatment details for the period of time Grain was at a Non Company Facility. 6.5 Unless specifically agreed otherwise, the Company reserves the right to mix the whole or any part of any Grain delivered to it by any client or Growers with Grain of similar specification and any and all such Grains so received will be Stored Grain. 6.6 The Company reserves the right to move Client Grain to a Facility other than the Facility at which the Client acquired the Client Grain if: (a) sufficient evidence exists to indicate the quality or condition of Grain at a Facility may be adversely affected if the Client Grain remains in any particular location; (b) the Facility fills to capacity (or is expected to fill to capacity during the Season); or (c) the Company determines (in the Company’s reasonable opinion) that it is operationally efficient to move the Client Grain. 6.7 Any movements described in Clause 6.6 will be at the expense of the Client. The Company will use location differentials published by Grain Trade Australia prior to the commencement of the Season in order to charge the Client for the movement. 6.8 If the Client Grain is not Outturned on or prior to 30 September 2016, the Company may Regrade the Client Grain. 6.9 Where Client Grain of a particular type and grade of Grain at any non-port Company facility is between or equal to the values –1.00 and +1.00 tonne, the Client Grain of that particular type and grade of Grain will be deemed to have no value and will be removed from the Client’s Outturn Entitlement and neither party will have any liability for any Claim or Loss to the other for that amount of Grain. 6.10 Only in respect of malting barley: (a) if the Client Grain has been carried over in the Facility from a previous season and in the Company’s opinion it is impractical to maintain the Grain Segregation, the Company may regrade malting barley to feed barley grade where the germination quality is less than 95%; or (b) if the Client Grain is in the Facility on or after 1 July 2016 the Company may Regrade malting barley to feed barley grade; and in each case the Client indemnifies the Company against any claims arising out of or related to the Regrading.

Receipt and Storage. 6.1 The Company will: (a) Receive Grain Delivered at the Facilities during the Term provided that in the sole opinion of the Company the Grain in each case complies with the Receival Standards, is in fit condition for safe and hygienic storage and in the opinion of the Company, storage space permits; (b) Store the Grain for the Client at the Facilities; and (c) Outturn the Grain for the Client at such time, or times, and in such quantities as the Client requires in accordance with Clause 7. 6.2 In respect of the Port Terminal only, the Client must, in addition to compliance with all other requirements of this clause 6: (a) notify the Company that the Client wishes to Deliver Grain to the Port Terminal, including the expected time of Delivery, (b) obtain the agreement of the Company to Deliver the Grain to the Port Terminal, (c) Require the Grower to complete an Ex- farm Grower Treatment Declaration available on the Emerald Website. 6.3 The Client will ensure that where a Grain is Delivered by a Grower, or agent on behalf of the Client, the Grower or agent will clearly state in writing the Client’s name at the time of delivery (“Nomination”). The Client will also ensure that a Nomination contains a statement to the effect that the delivering Grower or agent transfers all of the right, title and interest to and in the Grain to the Client. All Nominations are final and irrevocable and the Company may rely on the details of the Nomination without any further enquiries. 6.4 The Client will ensure that where Grain is Delivered from a Non Company Facility, it provides: (a) written confirmation to the Company of fumigation clearance, and (b) grain treatment details for the period of time Grain was at a Non Company Facility. 6.5 Unless specifically agreed otherwise, the Company reserves the right to mix the whole or any part of any Grain delivered to it by any client or Growers with Grain of similar specification and any and all such Grains so received will be Stored Grain. 6.6 The Company reserves the right to move Client Grain to a Facility other than the Facility at which the Client acquired the Client Grain if: (a) sufficient evidence exists to indicate the quality or condition of Grain at a Facility may be adversely affected if the Client Grain remains in any particular location; (b) the Facility fills to capacity (or is expected to fill to capacity during the Season); or (c) the Company determines (in the Company’s reasonable opinion) that it is operationally efficient to move the Client Grain. 6.7 Any movements described in Clause 6.6 will be at the expense of the Client. The Company will use location differentials published by Grain Trade Australia prior to the commencement of the Season in order to charge the Client for the movement. 6.8 If the Client Grain is not Outturned on or prior to 30 September 20162020, the Company may Regrade the Client Grain. The Client recognises that grain quality may deteriorate whilst in storage and the Company requires operational flexibility for the following harvest. 6.9 Where Client Grain of a particular type and grade of Grain at any non-port Company facility is between or equal to the values –1.00 and +1.00 tonne, the Client Grain of that particular type and grade of Grain will be deemed to have no value and will be removed from the Client’s Outturn Entitlement and neither party will have any liability for any Claim or Loss to the other for that amount of Grain. 6.10 Only in respect of malting barley: (a) if the Client Grain has been carried over in the Facility from a previous season and in the Company’s opinion it is impractical to maintain the Grain Segregation, the Company may regrade malting barley to feed barley grade where the germination quality is less than 95%; or (b) if malt barley is stored by the Client Grain is in the Facility on or after 1 July 2016 the Company at its discretion may Regrade malting reclassify malt barley to feed barley grade; where the germinative quality is determined by the Company to be less than 95% or it remains stored grain after 30th September 2020. and in each case the Client indemnifies the Company against any claims arising out of or related to the Regrading.

Receipt and Storage. 6.1 The Company will: (a) Receive Grain rReceive Bulk Wheat (and by agreement other Grains) Delivered at the Facilities Port Terminal during the Term provided that in the sole opinion of the Company the Grain in each case complies with the Receival Standards, is in fit condition for safe and hygienic storage and and, in the opinion of the Company, storage space permits; (b) Store sStore the Grain for the Client at the FacilitiesPort Terminal ; and (c) Outturn OOutturn the Grain for the Client at such time, time or times, times and in such quantities as the Client requires in accordance with Clause 7. 6.2 In respect of the Port Terminal only, the The Client must, in addition to compliance with all other requirements of this clause 6: (a) notify the Company that the Client wishes to Deliver Grain to the Port Terminal, including the expected time of Delivery, (b) obtain the agreement of the Company to Deliver the Grain to the Port Terminal,; and (c) Require use best endeavours to ensure that the Grower Grain delivered to complete an Ex- farm Grower Treatment Declaration available on the Port Terminal meets the quality specifications for the respective GMO and indemnify the Company against all losses, costs and claims made against the Company as a result of grain delivered by the client that is subsequently found not to comply fully with the Grade standards. Emerald Website.Grain Indicative Access Agreement 143/154 Page 11 of 25 6.3 The Client will ensure that where a Grain is Delivered by a Grower, Grower or agent on behalf of the Client, Client the Grower or agent will clearly state in writing the Client’s Client‟s name at the time of delivery (“Nomination”). The Client will also ensure that a Nomination contains a statement to the effect that the delivering Grower or agent transfers all of the right, title and interest to and in the Grain to the Client. All Nominations are final and irrevocable and the Company may rely on the details of the Nomination without any further enquiries. 6.4 The Client will ensure that where Grain is Delivered from a Non Company Facility, it providesprovides written confirmation to the Company of: (a) written confirmation to the Company of fumigation clearance, and (b) grain treatment details for the period of time Grain was at a Non Company Facility., 6.5 Unless specifically agreed otherwise, the Company reserves the right to mix the whole or any part of any Grain delivered to it by any client or Growers with Grain of similar specification and any and all such Grains so received will be Stored Grain. 6.6 The Company reserves the right to move Client Grain to a Facility other than the Facility at which the Client acquired the Client Grain if: (a) sufficient evidence exists to indicate the quality or condition of Grain at a Facility may be adversely affected if the Client Grain remains in any particular location; (b) the Facility fills to capacity (or is expected to fill to capacity during the Season); or (c) the Company determines (in the Company’s reasonable opinion) that it is operationally efficient to move the Client Grain. 6.7 Any movements described in Clause 6.6 will be at the expense of the Client. The Company will use location differentials published by Grain Trade Australia prior to the commencement of the Season in order to charge the Client for the movement. 6.8 If the Client Grain is not Outturned on or prior to 30 September 201620154, the Company may do any or all of the following: (a) Regrade the Client Grain and (b) the provisions of the Company‟s then current standard Indicative Access Agreement for the coming season will apply to the storage and handling of such Client Grain, whether signed by the Client or not. 6.9 6.7 Where Client Grain of a particular type and grade of Grain at any non-port Company facility the Port Terminal is between or equal to the values –1.00 and +1.00 tonne, the Client Grain of that particular type and grade of Grain will be deemed to have no value and will be removed from the Client’s Client‟s Outturn Entitlement and neither party will have any liability for any Claim or Loss to the other for that amount of Grain. 6.10 6.8 Only in respect of malting barley: (a) if the Client Grain has been carried over is in the Facility from a previous season after 1 September 20154 and in the Company’s Company‟s opinion it is impractical to maintain the Grain Segregation, the Company may regrade malting barley to feed barley grade where the germination quality is less than 95%; orand (b) if the Client Grain is in the Facility on or after 1 July 2016 20165 the Company may Regrade malting barley to feed barley grade; . and in each case the Client indemnifies the Company against any claims arising out of or related to the Regrading.

Receipt and Storage. ‌ 6.1 The Company will: (a) Receive Grain Bulk Wheat (and by agreement other Grains) Delivered at the Facilities Port Terminal during the Term provided that in the sole opinion of the Company the Grain in each case complies with the Receival Standards, is in fit condition for safe and hygienic storage and and, in the opinion of the Company, storage space permits; (b) Store the Grain for the Client at the FacilitiesPort Terminal ; and (c) Outturn the Grain for the Client at such time, time or times, times and in such quantities as the Client requires in accordance with Clause 7. 6.2 In respect of the Port Terminal only, the The Client must, in addition to compliance with all other requirements of this clause 6: (a) notify the Company that the Client wishes to Deliver Grain to the Port Terminal, including the expected time of Delivery, (b) obtain the agreement of the Company to Deliver the Grain to the Port Terminal,; and (c) Require use best endeavours to ensure that the Grower Grain delivered to complete an Ex- farm Grower Treatment Declaration available on the Emerald WebsitePort Terminal meets the quality specifications for the respective GMO and indemnify the Company against all losses, costs and claims made against the Company as a result of grain delivered by the client that is subsequently found not to comply fully with the Grade standards. 6.3 The Client will ensure that where a Grain is Delivered by a Grower, Grower or agent on behalf of the Client, Client the Grower or agent will clearly state in writing the Client’s name at the time of delivery (“Nomination”). The Client will also ensure that a Nomination contains a statement to the effect that the delivering Grower or agent transfers all of the right, title and interest to and in the Grain to the Client. All Nominations are final and irrevocable and the Company may rely on the details of the Nomination without any further enquiries. 6.4 The Client will ensure that where Grain is Delivered from a Non Company Facility, it providesprovides written confirmation to the Company of: (a) written confirmation to the Company of fumigation clearance, and (b) grain treatment details for the period of time Grain was at a Non Company Facility., 6.5 Unless specifically agreed otherwise, the Company reserves the right to mix the whole or any part of any Grain delivered to it by any client or Growers with Grain of similar specification and any and all such Grains so received will be Stored Grain. 6.6 The Company reserves the right to move Client Grain to a Facility other than the Facility at which the Client acquired the Client Grain if: (a) sufficient evidence exists to indicate the quality or condition of Grain at a Facility may be adversely affected if the Client Grain remains in any particular location; (b) the Facility fills to capacity (or is expected to fill to capacity during the Season); or (c) the Company determines (in the Company’s reasonable opinion) that it is operationally efficient to move the Client Grain. 6.7 Any movements described in Clause 6.6 will be at the expense of the Client. The Company will use location differentials published by Grain Trade Australia prior to the commencement of the Season in order to charge the Client for the movement. 6.8 If the Client Grain is not Outturned on or prior to 30 September 20162014, the Company may do any or all of the following: (a) Regrade the Client Grain and (b) the provisions of the Company’s then current standard Indicative Access Agreement for the coming season will apply to the storage and handling of such Client Grain, whether signed by the Client or not. 6.9 6.7 Where Client Grain of a particular type and grade of Grain at any non-port Company facility the Port Terminal is between or equal to the values –1.00 and +1.00 tonne, the Client Grain of that particular type and grade of Grain will be deemed to have no value and will be removed from the Client’s Outturn Entitlement and neither party will have any liability for any Claim or Loss to the other for that amount of Grain. 6.10 6.8 Only in respect of malting barley: (a) if the Client Grain has been carried over is in the Facility from a previous season after 1 September 2014 and in the Company’s opinion it is impractical to maintain the Grain Segregation, the Company may regrade malting barley to feed barley grade where the germination quality is less than 95%; orand (b) if the Client Grain is in the Facility on or after 1 July 2016 2015 the Company may Regrade malting barley to feed barley grade; and in each case the Client indemnifies the Company against any claims arising out of or related to the Regrading.

Receipt and Storage. ‌ 6.1 The Company will: (a) Receive Grain Delivered at the Facilities during the Term provided that in the sole opinion of the Company the Grain in each case complies with the Receival Standards, is in fit condition for safe and hygienic storage and in the opinion of the Company, storage space permits; (b) Store the Grain for the Client at the Facilities; and (c) Outturn the Grain for the Client at such time, or times, and in such quantities as the Client requires in accordance with Clause 7. 6.2 In respect of the Port Terminal only, the Client must, in addition to compliance with all other requirements of this clause 6: (a) notify the Company that the Client wishes to Deliver Grain to the Port Terminal, including the expected time of Delivery, (b) obtain the agreement of the Company to Deliver the Grain to the Port Terminal, (c) Require the Grower to complete an Ex- farm Grower Treatment Declaration available on the Emerald Website. 6.3 The Client will ensure that where a Grain is Delivered by a Grower, or agent on behalf of the Client, the Grower or agent will clearly state in writing the Client’s name at the time of delivery (“Nomination”). The Client will also ensure that a Nomination contains a statement to the effect that the delivering Grower or agent transfers all of the right, title and interest to and in the Grain to the Client. All Nominations are final and irrevocable and the Company may rely on the details of the Nomination without any further enquiries. 6.4 The Client will ensure that where Grain is Delivered from a Non Company Facility, it provides: (a) written confirmation to the Company of fumigation clearance, and (b) grain treatment details for the period of time Grain was at a Non Company Facility. 6.5 Unless specifically agreed otherwise, the Company reserves the right to mix the whole or any part of any Grain delivered to it by any client or Growers with Grain of similar specification and any and all such Grains so received will be Stored Grain. 6.6 The Company reserves the right to move Client Grain to a Facility other than the Facility at which the Client acquired the Client Grain if: (a) sufficient evidence exists to indicate the quality or condition of Grain at a Facility may be adversely affected if the Client Grain remains in any particular location; (b) the Facility fills to capacity (or is expected to fill to capacity during the Season); or (c) the Company determines (in the Company’s reasonable opinion) that it is operationally efficient to move the Client Grain. 6.7 Any movements described in Clause 6.6 will be at the expense of the Client. The Company will use location differentials published by Grain Trade Australia prior to the commencement of the Season in order to charge the Client for the movement. 6.8 If the Client Grain is not Outturned on or prior to 30 September 2016, the Company may Regrade the Client Grain. 6.9 Where Client Grain of a particular type and grade of Grain at any non-port Company facility is between or equal to the values –1.00 and +1.00 tonne, the Client Grain of that particular type and grade of Grain will be deemed to have no value and will be removed from the Client’s Outturn Entitlement and neither party will have any liability for any Claim or Loss to the other for that amount of Grain. 6.10 Only in respect of malting barley: (a) if the Client Grain has been carried over in the Facility from a previous season and in the Company’s opinion it is impractical to maintain the Grain Segregation, the Company may regrade malting barley to feed barley grade where the germination quality is less than 95%; or (b) if the Client Grain is in the Facility on or after 1 July 2016 the Company may Regrade malting barley to feed barley grade; and in each case the Client indemnifies the Company against any claims arising out of or related to the Regrading.

Receipt and Storage. ‌ 6.1 The Company will: (a) Receive Grain Delivered at the Facilities during the Term provided that in the sole opinion of the Company the Grain in each case complies with the Receival Standards, is in fit condition for safe and hygienic storage and in the opinion of the Company, storage space permits; (b) Store the Grain for the Client at the Facilities; and (c) Outturn the Grain for the Client at such time, or times, and in such quantities as the Client requires in accordance with Clause 7. 6.2 In respect of the Port Terminal only, the Client must, in addition to compliance with all other requirements of this clause 6: (a) notify the Company that the Client wishes to Deliver Grain to the Port Terminal, including the expected time of Delivery, (b) obtain the agreement of the Company to Deliver the Grain to the Port Terminal, (c) Require the Grower to complete an Ex- farm Grower Treatment Declaration available on the Emerald Website. 6.3 The Client will ensure that where a Grain is Delivered by a Grower, or agent on behalf of the Client, the Grower or agent will clearly state in writing the Client’s name at the time of delivery (“Nomination”). The Client will also ensure that a Nomination contains a statement to the effect that the delivering Grower or agent transfers all of the right, title and interest to and in the Grain to the Client. All Nominations are final and irrevocable and the Company may rely on the details of the Nomination without any further enquiries. 6.4 The Client will ensure that where Grain is Delivered from a Non Company Facility, it provides: (a) written confirmation to the Company of fumigation clearance, and (b) grain treatment details for the period of time Grain was at a Non Company Facility. 6.5 Unless specifically agreed otherwise, the Company reserves the right to mix the whole or any part of any Grain delivered to it by any client or Growers with Grain of similar specification and any and all such Grains so received will be Stored Grain. 6.6 The Company reserves the right to move Client Grain to a Facility other than the Facility at which the Client acquired the Client Grain if: (a) sufficient evidence exists to indicate the quality or condition of Grain at a Facility may be adversely affected if the Client Grain remains in any particular location; (b) the Facility fills to capacity (or is expected to fill to capacity during the Season); or (c) the Company determines (in the Company’s reasonable opinion) that it is operationally efficient to move the Client Grain. 6.7 Any movements described in Clause 6.6 will be at the expense of the Client. The Company will use location differentials published by Grain Trade Australia prior to the commencement of the Season in order to charge the Client for the movement. 6.8 If the Client Grain is not Outturned on or prior to 30 September 20162017, the Company may Regrade the Client Grain. The Client recognises that grain quality may deteriorate whilst in storage and the Company requires operational flexibility for the following harvest. 6.9 Where Client Grain of a particular type and grade of Grain at any non-port Company facility is between or equal to the values –1.00 and +1.00 tonne, the Client Grain of that particular type and grade of Grain will be deemed to have no value and will be removed from the Client’s Outturn Entitlement and neither party will have any liability for any Claim or Loss to the other for that amount of Grain. 6.10 Only in respect of malting barley: (a) if the Client Grain has been carried over in the Facility from a previous season and in the Company’s opinion it is impractical to maintain the Grain Segregation, the Company may regrade malting barley to feed barley grade where the germination quality is less than 95%; or (b) if the Client Grain is in the Facility on or after 1 July 2016 2017 the Company may Regrade malting barley to feed barley grade; and in each case the Client indemnifies the Company against any claims arising out of or related to the Regrading.

Receipt and Storage. 6.1 The Company will: (a) Receive Bulk Wheat (and by agreement other Grains) Grain Delivered at the Port Terminal Facilities during the Term provided that in the sole opinion of the Company the Grain in each case complies with the Receival Standards, is in fit condition for safe and hygienic storage and and, in the opinion of the Company, storage space permits; (b) Store the Grain for the Client at the Port Terminal Facilities; and (c) Outturn the Grain for the Client at such time, time or times, times and in such quantities as the Client requires in accordance with Clause 7. 6.2 In respect of the Port Terminal only, the Tthe Client must, in addition to compliance with all other requirements of this clause 6: (a) notify the Company that the Client wishes to Deliver Grain to the Port Terminal, including the expected time of Delivery, (b) obtain the agreement of the Company to Deliver the Grain to the Port Terminal,; and (c) Require use best endeavours to ensure that the Grower Grain delivered to complete an Ex- farm Grower Treatment Declaration available on the Emerald WebsitePort Terminal meets the quality specifications for the respective GMO and indemnify the Company against all losses, costs and claims made against the Company as a result of grain delivered by the client that is subsequently found not to comply fully with the Grade standards. 6.3 The Client will ensure that where a Grain is Delivered by a Grower, Grower or agent on behalf of the Client, Client the Grower or agent will clearly state in writing the Client’s Client‟s name at the time of delivery (“Nomination”). The Client will also ensure that a Nomination contains a statement to the effect that the delivering Grower or agent transfers all of the right, title and interest to and in the Grain to the Client. All Nominations are final and irrevocable and the Company may rely on the details of the Nomination without any further enquiries. 6.4 The Client will ensure that where Grain is Delivered from a Non Company Facility, it providesprovides written confirmation to the Company of: (a) written confirmation to the Company of fumigation clearance, and (b) grain treatment details for the period of time Grain was at a Non Company Facility. 6.5 Unless specifically agreed otherwise, the Company reserves the right to mix the whole or any part of any Grain delivered to it by any client or Growers with Grain of similar specification and any and all such Grains so received will be Stored Grain. 6.6 The Company reserves the right to move Client Grain to a Facility other than the Facility at which the Client acquired the Client Grain if: (a) sufficient evidence exists to indicate the quality or condition of Grain at a Facility may be adversely affected if the Client Grain remains in any particular location; (b) the Facility fills to capacity (or is expected to fill to capacity during the Season); or (c) the Company determines (in the Company’s reasonable opinion) that it is operationally efficient to move the Client Grain. 6.7 Any movements described in Clause 6.6 will be at the expense of the Client. The Company will use location differentials published by Grain Trade Australia prior to the commencement of the Season in order to charge the Client for the movement. 6.8 If the Client Grain is not Outturned on or prior to 30 September 2016stock tonnages, the Company may Regrade the Client Grain. 6.9 Where Client Grain of a particular type and grade of Grain at any non-port Company facility is between or equal to the values –1.00 and +1.00 tonne, the Client Grain of that particular type and grade of Grain will be deemed to have no value and will be removed from the Client’s Outturn Entitlement and neither party will have any liability for any Claim or Loss to the other for that amount of Grain. 6.10 Only in respect of malting barley: (a) if the Client Grain has been carried over in the Facility from a previous season and in the Company’s opinion it is impractical to maintain the Grain Segregation, the Company may regrade malting barley to feed barley grade where the germination quality is less than 95%; or (b) if the Client Grain is in the Facility on or after 1 July 2016 the Company may Regrade malting barley to feed barley grade; and in each case the Client indemnifies the Company against any claims arising out of or related to the Regrading.and

Receipt and Storage. ‌ 6.1 The Company will: (a) Receive Grain Delivered at the Facilities during the Term provided that in the sole opinion of the Company the Grain in each case complies with the Receival Standards, is in fit condition for safe and hygienic storage and and, in the opinion of the Company, storage space permits; (b) Store the Grain for the Client at the Facilities; and (c) Outturn the Grain for the Client at such time, time or times, times and in such quantities as the Client requires in accordance with Clause 7. 6.2 In respect of the Port Terminal onlyOnly, the Client must, in addition to compliance with all other requirements of this clause 6: (a) notify the Company that the Client wishes to Deliver Grain to the Port Terminal, including the expected time of Delivery, (b) obtain the agreement of the Company to Deliver the Grain to the Port Terminal, (c) Require the Grower to complete an Ex- farm Grower Treatment Declaration available on the Emerald Website. 6.3 The Client will ensure that where a Grain is Delivered by a Grower, Grower or agent on behalf of the Client, Client the Grower or agent will clearly state in writing the Client’s name at the time of delivery (“Nomination”). The Client will also ensure that a Nomination contains a statement to the effect that the delivering Grower or agent transfers all of the right, title and interest to and in the Grain to the Client. All Nominations are final and irrevocable and the Company may rely on the details of the Nomination without any further enquiries. 6.4 The Client will ensure that where Grain is Delivered from a Non Company Facility, it provides: (a) written confirmation to the Company of fumigation clearance, and (b) grain treatment details for the period of time Grain was at a Non Company Facility. 6.5 Unless specifically agreed otherwise, the Company reserves the right to mix the whole or any part of any Grain delivered to it by any client or Growers with Grain of similar specification and any and all such Grains so received will be Stored Grain. 6.6 The Company reserves the right to move Client Grain to a Facility other than the Facility at which the Client acquired the Client Grain if: (a) sufficient evidence exists to indicate the quality or condition of Grain at a Facility may be adversely affected if the Client Grain remains in any particular location; (b) the Facility fills to capacity (or is expected to fill to capacity during the Season); or (c) the Company determines (in the Company’s reasonable opinion) that it is operationally efficient to move the Client Grain. 6.7 Any movements described in Clause 6.6 will be at the expense of the Client. The Company will use location differentials published by Grain Trade Australia prior to the commencement of the Season in order to charge the Client for the movementmovement (fuel variations may apply). 6.8 If Client Grain is not Outturned prior to 1 September 2015, the Company may move the Client Grain to another Facility or within the same Facility for the purpose of consolidation and any costs associated with this will be charged to the Client. 6.9 If the Client Grain is not Outturned on or prior to 30 September 20162015, the Company may Regrade do any or all of the Client Grain. 6.9 Where Client Grain of a particular type and grade of Grain at any non-port Company facility is between or equal to the values –1.00 and +1.00 tonne, the Client Grain of that particular type and grade of Grain will be deemed to have no value and will be removed from the Client’s Outturn Entitlement and neither party will have any liability for any Claim or Loss to the other for that amount of Grain. 6.10 Only in respect of malting barleyfollowing: (a) if the Client Grain has been carried over in the Facility from a previous season and in the Company’s opinion it is impractical to maintain the Grain Segregation, the Company may regrade malting barley to feed barley grade where the germination quality is less than 95%; or (b) if the Client Grain is in the Facility on or after 1 July 2016 the Company may Regrade malting barley to feed barley grade; and in each case the Client indemnifies the Company against any claims arising out of or related to the Regrading.impose Xxxxxxxxx Xxxxxxx;

Receipt and Storage. 6.1 The Company will: (a) Receive Grain Delivered at the Facilities during the Term provided that in the sole opinion of the Company the Grain in each case complies with the Receival Standards, is in fit condition for safe and hygienic storage and in the opinion of the Company, storage space permits; (b) Store the Grain for the Client at the Facilities; and (c) Outturn the Grain for the Client at such time, or times, and in such quantities as the Client requires in accordance with Clause 7. 6.2 In respect of the Port Terminal only, the Client must, in addition to compliance with all other requirements of this clause 6: (a) notify the Company that the Client wishes to Deliver Grain to the Port Terminal, including the expected time of Delivery, (b) obtain the agreement of the Company to Deliver the Grain to the Port Terminal, (c) Require the Grower to complete an Ex- farm Grower Treatment Declaration available on the Emerald Website. 6.3 The Client will ensure that where a Grain is Delivered by a Grower, or agent on behalf of the Client, the Grower or agent will clearly state in writing the Client’s name at the time of delivery (“Nomination”). The Client will also ensure that a Nomination contains a statement to the effect that the delivering Grower or agent transfers all of the right, title and interest to and in the Grain to the Client. All Nominations are final and irrevocable and the Company may rely on the details of the Nomination without any further enquiries. 6.4 The Client will ensure that where Grain is Delivered from a Non Company Facility, it provides: (a) written confirmation to the Company of fumigation clearance, and (b) grain treatment details for the period of time Grain was at a Non Company Facility. 6.5 Unless specifically agreed otherwise, the Company reserves the right to mix the whole or any part of any Grain delivered to it by any client or Growers with Grain of similar specification and any and all such Grains so received will be Stored Grain. 6.6 The Company reserves the right to move Client Grain to a Facility other than the Facility at which the Client acquired the Client Grain if: (a) sufficient evidence exists to indicate the quality or condition of Grain at a Facility may be adversely affected if the Client Grain remains in any particular location; (b) the Facility fills to capacity (or is expected to fill to capacity during the Season); or (c) the Company determines (in the Company’s reasonable opinion) that it is operationally efficient to move the Client Grain. 6.7 Any movements described in Clause 6.6 will be at the expense of the Client. The Company will use location differentials published by Grain Trade Australia prior to the commencement of the Season in order to charge the Client for the movement. 6.8 If the Client Grain is not Outturned on or prior to 30 September 20162018, the Company may Regrade the Client Grain. The Client recognises that grain quality may deteriorate whilst in storage and the Company requires operational flexibility for the following harvest. 6.9 Where Client Grain of a particular type and grade of Grain at any non-port Company facility is between or equal to the values –1.00 and +1.00 tonne, the Client Grain of that particular type and grade of Grain will be deemed to have no value and will be removed from the Client’s Outturn Entitlement and neither party will have any liability for any Claim or Loss to the other for that amount of Grain. 6.10 Only in respect of malting barley:: {S0092427-2 } (a) if the Client Grain has been carried over in the Facility from a previous season and in the Company’s opinion it is impractical to maintain the Grain Segregation, the Company may regrade malting barley to feed barley grade where the germination quality is less than 95%; or (b) if malt barley is stored by the Client Grain is in the Facility on or after 1 July 2016 the Company at its discretion may Regrade malting reclassify malt barley to feed barley grade; where the germinative quality is determined by the Company to be less than 95% or it remains stored grain after 30th September 2018. and in each case the Client indemnifies the Company against any claims arising out of or related to the Regrading.

Receipt and Storage. 6.1 7.1 The Company will: (a) Receive receive Grain Delivered at the Facilities Facility during the Term provided that in the sole opinion of the Company the Grain in each case complies with the Receival Standards, is in fit condition for safe and hygienic storage and in the opinion of the Company, storage space permits; (b) Store the Grain for the Client at the FacilitiesFacility; and (c) Outturn the Grain for the Client at such time, or times, and in such quantities as the Client requires in accordance with Clause 7clause 8. 6.2 In respect of the Port Terminal only, the Client must, in addition to compliance with all other requirements of this clause 6: (a) notify the Company that the Client wishes to Deliver Grain to the Port Terminal, including the expected time of Delivery, (b) obtain the agreement of the Company to Deliver the Grain to the Port Terminal, (c) Require the Grower to complete an Ex- farm Grower Treatment Declaration available on the Emerald Website. 6.3 7.2 The Client will ensure that where a Grain is Delivered by a Grower, or agent on behalf of the Client, the Grower or agent will clearly state in writing the Client’s name at the time of delivery (“Nomination”). The Client will also ensure that a Nomination contains a statement to the effect that the delivering Grower or agent transfers all of the right, title and interest to and in the Grain to the Client. All Nominations are final and irrevocable and the Company may rely on the details of the Nomination without any further enquiries. 6.4 7.3 The Client will ensure that where Grain is Delivered from a Non Company Facility, it provides: (a) written confirmation to the Company of fumigation clearance, ; and (b) grain treatment details for the period of time Grain was at a Non Company Facility. 6.5 7.4 The Client acknowledges that when the Company receives the Client Grain, it becomes Stored Grain and the Client maintains an Interest in the Stored Grain. 7.5 Unless specifically agreed otherwise, the Company reserves the right to mix the whole or any part of any Grain delivered to it by any client or Growers with Grain of similar specification and any and all such Grains so received will be Stored Grain. 6.6 The 7.6 While the Company reserves the right to move Client Grain to a Facility other than the Facility at which has possession of the Client acquired the Client Grain ifGrain: (a) sufficient evidence exists to indicate the quality or condition of Grain at a Facility may be adversely affected if relationship between the Company and the Client in respect of the possession of the Grain remains in any particular locationis one of bailment only; (b) that relationship will continue to exist despite the Facility fills Grain losing its identity by being part of Stored Grain, or despite the inability of the Company to capacity (or is expected redeliver to fill to capacity during the Season)Client Grain the subject of the bailment; orand (c) the Company determines (in the Company’s reasonable opinion) that it is operationally efficient to move the Client Grain. 6.7 Any movements described in Clause 6.6 will be at the expense of the Client. The Company will use location differentials published by Grain Trade Australia prior to the commencement of the Season in order to charge the Client for the movement. 6.8 If the Client Grain is not Outturned on or prior to 30 September 2016unless specifically agreed otherwise, the Company as bailee may Regrade the Client Grain. 6.9 Where Client Grain of a particular type and grade of Grain at any non-port Company facility is between manage, use, deal with or equal to the values –1.00 and +1.00 tonne, the Client Grain of that particular type and grade of Grain will be deemed to have no value and will be removed from the Client’s Outturn Entitlement and neither party will have any liability for any Claim or Loss to the other for that amount of Grain. 6.10 Only in respect of malting barley: (a) if the Client Grain has been carried over in the Facility from a previous season and in the Company’s opinion it is impractical to maintain otherwise control the Grain Segregation, in its possession in any manner not inconsistent with the Company may regrade malting barley to feed barley grade where the germination quality is less than 95%; or (b) if the Client Grain is in the Facility on or after 1 July 2016 the Company may Regrade malting barley to feed barley grade; and in each case the Client indemnifies the Company against any claims arising out of or related to the RegradingOutturn Entitlement.

Receipt and Storage. 6.1 The Company will: (a) Receive Grain Bulk Wheat (and by agreement other Grains) Delivered at the Facilities Port Terminal during the Term provided that in the sole opinion of the Company the Grain in each case complies with the Receival Standards, is in fit condition for safe and hygienic storage and and, in the opinion of the Company, storage space permits; (b) Store the Grain for the Client at the FacilitiesPort Terminal ; and (c) Outturn the Grain for the Client at such time, time or times, times and in such quantities as the Client requires in accordance with Clause 7. 6.2 In respect of the Port Terminal only, the The Client must, in addition to compliance with all other requirements of this clause 6: (a) notify the Company that the Client wishes to Deliver Grain to the Port Terminal, including the expected time of Delivery, (b) obtain the agreement of the Company to Deliver the Grain to the Port Terminal,; and (c) Require use best endeavours to ensure that the Grower Grain delivered to complete an Ex- farm Grower Treatment Declaration available on the Emerald WebsitePort Terminal meets the quality specifications for the respective GMO and indemnify the Company against all losses, costs and claims made against the Company as a result of grain delivered by the client that is subsequently found not to comply fully with the Grade standards. 6.3 The Client will ensure that where a Grain is Delivered by a Grower, Grower or agent on behalf of the Client, Client the Grower or agent will clearly state in writing the Client’s Client‟s name at the time of delivery (“Nomination”). The Client will also ensure that a Nomination contains a statement to the effect that the delivering Grower or agent transfers all of the right, title and interest to and in the Grain to the Client. All Nominations are final and irrevocable and the Company may rely on the details of the Nomination without any further enquiries. 6.4 The Client will ensure that where Grain is Delivered from a Non Company Facility, it providesprovides written confirmation to the Company of: (a) written confirmation to the Company of fumigation clearance, and (b) grain treatment details for the period of time Grain was at a Non Company Facility., 6.5 Unless specifically agreed otherwise, the Company reserves the right to mix the whole or any part of any Grain delivered to it by any client or Growers with Grain of similar specification and any and all such Grains so received will be Stored Grain. 6.6 The Company reserves the right to move Client Grain to a Facility other than the Facility at which the Client acquired the Client Grain if: (a) sufficient evidence exists to indicate the quality or condition of Grain at a Facility may be adversely affected if the Client Grain remains in any particular location; (b) the Facility fills to capacity (or is expected to fill to capacity during the Season); or (c) the Company determines (in the Company’s reasonable opinion) that it is operationally efficient to move the Client Grain. 6.7 Any movements described in Clause 6.6 will be at the expense of the Client. The Company will use location differentials published by Grain Trade Australia prior to the commencement of the Season in order to charge the Client for the movement. 6.8 If the Client Grain is not Outturned on or prior to 30 September 20162014, the Company may do any or all of the following: (a) Regrade the Client Grain and (b) the provisions of the Company‟s then current standard Indicative Access Agreement for the coming season will apply to the storage and handling of such Client Grain, whether signed by the Client or not. 6.9 6.7 Where Client Grain of a particular type and grade of Grain at any non-port Company facility the Port Terminal is between or equal to the values –1.00 and +1.00 tonne, the Client Grain of that particular type and grade of Grain will be deemed to have no value and will be removed from the Client’s Client‟s Outturn Entitlement and neither party will have any liability for any Claim or Loss to the other for that amount of Grain. 6.10 6.8 Only in respect of malting barley: (a) if the Client Grain has been carried over is in the Facility from a previous season after 1 September 2014 and in the Company’s Company‟s opinion it is impractical to maintain the Grain Segregation, the Company may regrade malting barley to feed barley grade where the germination quality is less than 95%; orand (b) if the Client Grain is in the Facility on or after 1 July 2016 2015 the Company may Regrade malting barley to feed barley grade; . and in each case the Client indemnifies the Company against any claims arising out of or related to the Regrading.