Common use of Timing of Deliveries Clause in Contracts

Timing of Deliveries. Sugarbeets shall be harvested and delivered as and when scheduled by SSI until the beginning of regular harvest (the beginning of regular harvest is hereinafter referred to as the “initial piling date”). No sugarbeets may be delivered before the initial piling date unless covered by an Early Harvest Amendment between Grower and SSI. The initial piling date will begin on a date determined by SSI no earlier than September 26, 2003 and no later than October 1, 2003. On and after the initial piling date, Grower shall harvest and deliver all unharvested sugarbeets as soon as possible without further notification and, unless prevented by weather conditions, shall complete delivery of all sugarbeets by December 1, 2003. If weather conditions prevent the harvest of all sugarbeets prior to December 1, 2003 and if the Factory is still operating, Grower may deliver during such operating period at such times and places as may be designated by SSI. After consultation with the Association, SSI may (i) change the initial piling date, (ii) control and restrict deliveries after the initial piling date, or (iii) control and restrict deliveries during any period when warm weather may subject sugarbeets in storage piles to abnormal deterioration. SSI shall use its best efforts to receive approximately 5% per day (during a normal working day) of all Grower’s estimated total tonnage. Any requests by Grower for correction and/or changes in delivery tickets must be received by SSI within ten (10) days of the date of delivery of the sugarbeets in order to be considered by SSI.

Timing of Deliveries. Sugarbeets shall be harvested and delivered as and when scheduled by SSI until the beginning of regular harvest (the beginning of regular harvest is hereinafter referred to as the “initial piling date”). No sugarbeets may be delivered before the initial piling date unless covered by an Early Harvest Amendment between Grower and SSI. The initial piling date will begin on a date determined by SSI no earlier than September 26, 2003 2005 and no later than October 1, 20032005. On and after the initial piling date, Grower shall harvest and deliver all unharvested sugarbeets as soon as possible without further notification and, unless prevented by weather conditions, shall complete delivery of all sugarbeets by December 1, 20032005. If weather conditions prevent the harvest of all sugarbeets prior to December 1, 2003 2005 and if the Factory is still operating, Grower may deliver during such operating period at such times and places as may be designated by SSI. After consultation with the Association, SSI may (i) change the initial piling date, (ii) control and restrict deliveries after the initial piling date, or (iii) control and restrict deliveries during any period when warm weather may subject sugarbeets in storage piles to abnormal deterioration. SSI shall use its best efforts to receive approximately 5% per day (during a normal working day) of all Grower’s estimated total tonnage; provided, that, issues related to the management and operation of the receiving stations (outside or factory yard) shall be within the exclusive control of SSI. Any requests by Grower for correction and/or changes in delivery tickets must be received by SSI within ten (10) days of the date of delivery of the sugarbeets in order to be considered by SSI.

Timing of Deliveries. Sugarbeets shall be harvested and delivered as and when scheduled by SSI until the beginning of regular harvest (the beginning of regular harvest is hereinafter referred to as the “initial piling date”). No sugarbeets may be delivered before the initial piling date unless covered by an Early Harvest Amendment between Grower and SSI. The initial piling date will begin on a date determined by SSI no earlier than September 26, 2003 2006 and no later than October 1, 20032006. On and after the initial piling date, Grower shall harvest and deliver all unharvested sugarbeets as soon as possible without further notification and, unless prevented by weather conditions, shall complete delivery of all sugarbeets by December 1, 20032006. If weather conditions prevent the harvest of all sugarbeets prior to December 1, 2003 2006 and if the Factory is still operating, Grower may deliver during such operating period at such times and places as may be designated by SSI. After consultation with the Association, SSI may (i) change the initial piling date, (ii) control and restrict deliveries after the initial piling date, or (iii) control and restrict deliveries during any period when warm weather may subject sugarbeets in storage piles to abnormal deterioration. SSI shall use its best efforts to receive approximately 5% per day (during a normal working day) of all Grower’s estimated total tonnage; provided, that, issues related to the management and operation of the receiving stations (outside or factory yard) shall be within the exclusive control of SSI. Any requests by Grower for correction and/or changes in delivery tickets must be received by SSI within ten (10) days of the date of delivery of the sugarbeets in order to be considered by SSI.