Common use of Right to Outturn or move Grain at another site Clause in Contracts

Right to Outturn or move Grain at another site. (a) Subject to clause 5.8, Viterra reserves the right to Outturn, or move or swap, the Client’s Grain at a Viterra Facility other than the Viterra Facility at which the Client acquired the Grain if: (i) Viterra reasonably considers that the quality of the Grain or the operation of the Viterra Facility may be adversely affected if the Grain remains in any particular location; (ii) the Viterra Facility fills, or is expected to fill, during the Service Year; or (iii) Viterra determines (in its reasonable opinion) that it is operationally efficient to move the Grain. (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 (as varied from time to time) in order to charge the Client for the movement. (c) Without limiting the operation of any other clauses of this Agreement, Viterra may, at its discretion, overflow Grain from any Viterra Facility, or swap Grain to an alternative Viterra Facility provided that the Client is compensated for any freight differential.

Appears in 3 contracts

Samples: Storage & Handling Agreement, Storage & Handling Agreement, Storage & Handling Agreement

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Right to Outturn or move Grain at another site. (a) Subject to clause 5.85.9, Viterra reserves the right to Outturn, or move or swap, the Client’s Grain at a Viterra Facility other than the Viterra Facility at which the Client acquired the Grain if: (i) Viterra reasonably considers that the quality of the Grain or the operation of the Viterra Facility may be adversely affected if the Grain remains in any particular location; (ii) the Viterra Facility fills, or is expected to fill, during the Service Year; or (iii) Viterra determines (in its reasonable opinion) that it is operationally efficient to move the Grain. (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 (as varied from time to time) in order to charge the Client for the movement. (c) Without limiting the operation of any other clauses of this Agreement, Viterra may, at its discretion, overflow Grain from any Viterra Facility, or swap Grain to an alternative Viterra Facility provided that the Client is compensated for any freight differential.

Appears in 1 contract

Samples: Storage & Handling Agreement

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Right to Outturn or move Grain at another site. (a) Subject to clause 5.8, Viterra reserves the right to Outturn, or move or swap, the Client’s Grain at a Viterra Facility other than the Viterra Facility at which the Client acquired the Grain if: (i) Viterra reasonably considers that the quality of the Grain or the operation of the Viterra Facility may be adversely affected if the Grain remains in any particular location; (ii) the Viterra Facility fills, or is expected to fill, during the Service Year; or (iii) Viterra determines (in its reasonable opinion) that it is operationally efficient to move the Grain. (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 (as varied from time to time) prior to the commencement of the Service Year in order to charge the Client for the movement. (c) Without limiting the operation of any other clauses of this Agreement, Viterra may, at its discretion, overflow Grain from any Viterra Facility, or swap Grain to an alternative Viterra Facility provided that the Client is compensated for any freight differential.

Appears in 1 contract

Samples: Storage & Handling Agreement

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