Right to move Bulk Wheat. (a) Subject to clause 5.9, Viterra reserves the right to move or swap Bulk Wheat either within a Port Terminal Facility or to another Viterra Facility if: (i) Viterra reasonably considers that the quality of the Bulk Wheat or the operation of the Port Terminal Facility may be adversely affected if the Bulk Wheat remains in any particular location; (ii) the Port Terminal Facility fills, or is expected to fill, during the Service Year; (iii) Viterra determines (in its reasonable opinion) that it is operationally efficient to move the Bulk Wheat; or (iv) the Client has not provided Viterra with evidence of an intention to ship or otherwise outturn the Bulk Wheat from the Port Terminal Facility. (b) Unless otherwise agreed between the Parties, any movements described in clause 6.6(a) will be at the expense of the Client. Viterra will use the then current freight rates published by Viterra.
Appears in 2 contracts
Samples: Port Terminal Services Agreement, Port Terminal Services Agreement
Right to move Bulk Wheat. (a) Subject to clause 5.95.8, Viterra reserves the right to move or swap Bulk Wheat either within a Port Terminal Facility or to another Viterra Facility if:
(i) Viterra reasonably considers that the quality of the Bulk Wheat or the operation of the Port Terminal Facility may be adversely affected if the Bulk Wheat remains in any particular location;
(ii) the Port Terminal Facility fills, or is expected to fill, during the Service Year;
(iii) Viterra determines (in its reasonable opinion) that it is operationally efficient to move the Bulk Wheat; or
(iv) the Client has not provided Viterra with evidence of an intention to ship or otherwise outturn the Bulk Wheat from the Port Terminal Facility.
(b) Unless otherwise agreed between the Parties, any movements described in clause 6.6(a6.5(a) will be at the expense of the Client. Viterra will use the then current freight rates published by Viterra.
Appears in 2 contracts
Samples: Port Terminal Services Agreement, Port Terminal Services Agreement
Right to move Bulk Wheat. (a) Subject to clause 5.95.8, Viterra reserves the right to move or swap Bulk Wheat either within a Port Terminal Facility or to another Viterra Facility if:
(i) Viterra reasonably considers that the quality of the Bulk Wheat or the operation of the Port Terminal Facility may be adversely affected if the Bulk Wheat remains in any particular location;
(ii) the Port Terminal Facility fills, or is expected to fill, during the Service Year;
(iii) Viterra determines (in its reasonable opinion) that it is operationally efficient to move the Bulk Wheat; or
(iv) the Client has not provided Viterra with evidence of an intention to ship or otherwise outturn the Bulk Wheat from the Port Terminal Facility.
(b) Unless otherwise agreed between the Parties, any movements described in clause 6.6(a) will be at the expense of the Client. Viterra will use the then current freight rates published by Viterra.
Appears in 2 contracts
Samples: Port Terminal Services Agreement, Port Terminal Services Agreement