Common use of Handling and Storage Restrictions Clause in Contracts

Handling and Storage Restrictions. (a) All shrink in excess of .25% shall be for the account of Landlord and Landlord shall reimburse Tenant for all losses resulting therefrom. Landlord agrees that it shall use the same standard of care when handling and storing Tenant Grain as it uses when Landlord handles other Grain in the Elevator, including, without limitation, periodically monitoring the temperature of and, at Tenant's request, the turning of any stored Tenant Grain at the charge provided in Landlord's Tariff No, 18. (b) Landlord assumes no responsibility and shall have no liability to Tenant hereunder if Tenant Grain is received at the Elevator in condition or of a quality different from the condition or quality which Tenant expects or is entitled to receive. Landlord agrees to give access to Tenant and its agents for the purpose of making reasonable inspection of inbound Tenant Grain shipments. (c) Landlord shall provide daily inventory bin reports based upon inbound Tenant Grain received and Tenant Grain provided to the Project for the previous day. Landlord agrees to give Tenant monthly inventory reports based upon soundings of the Tenant's bins. If Tenant objects to any inventory report made by Landlord and the parties cannot resolve the differences, then the disputed quantities of Tenant Grain shall be loaded out, weighed and replaced in storage. The scale weights thus taken shall be conclusive and the cost of the loading and weighing shall be borne equally by the parties hereto. Landlord shall provide Tenant with house unload and house transfer weights of all Tenant Grain handled by Landlord for Tenant. All transfers and unload weights will be received in writing within 24 hours. Each car and truck shall be weighed individually. At least once each year during the term of this Lease, Landlord shall conduct a weigh-up of all Tenant Grain owned by the Tenant and stored in the Elevator and shall provide Tenant with a report of the results of such weigh-ups. (d) Tenant shall provide to Landlord the grade, quantity, quality, and car number at least two (2) working days prior to arrival of Tenant's Grain.

Handling and Storage Restrictions. (ai) Peavey shall be required to provide the aforesaid handling and storage services only for wheat to be milled into the products specified in Paragraph 2A above at the Leased Property and for no other or additional grain or grain products. (ii) All handling shrink in excess of .25% shall be for the account of Landlord and Landlord Amber, except that Peavey shall reimburse Tenant Amber for all losses resulting therefromany shrink in excess of 1% of inbound weights taken by Peavey which occurs while grain lies within the exclusive custody and control of Peavey, at the market value thereof on the date such excess shrinkage is first identified and known to both parties. Landlord Peavey agrees that it shall use the same standard of care when handling and storing Tenant Grain Amber's grain as it uses when Landlord Peavey handles other Grain in the Elevatorit own grain, including, without limitation, periodically monitoring the temperature of and, and (at TenantAmber's request, request and expense) the turning of any stored Tenant Grain at product. Peavey agrees that any wheat of Amber's lost or damaged during the charge provided in Landlordblending of Amber's Tariff No, 18grain shall not be deemed to be shrinkage and Peavey shall reimburse Amber for any such losses caused by Peavey. (biii) Landlord Peavey assumes no responsibility and shall have no liability to Tenant Amber hereunder if Tenant Grain grain is received at the Elevator Terminal in condition or of a quality different from the condition or quality which Tenant Amber expects or is entitled to receive. Landlord Peavey agrees to give access to Tenant Amber and its agents for the purpose of making reasonable inspection of inbound Tenant Grain grain shipments. (civ) Landlord shall provide daily inventory bin reports based upon inbound Tenant Grain received and Tenant Grain provided to the Project for the previous day. Landlord Peavey agrees to give Tenant Amber monthly inventory reports based upon soundings of the Tenant's binswhich shall be conclusively deemed accurate unless a written objection is reasonably made by Amber. If Tenant Amber objects to any inventory report made by Landlord Peavey and the parties cannot resolve the differences, then the disputed quantities of Tenant Grain grain shall be loaded out, weighed and replaced in storage. The scale weights thus taken shall be conclusive and the cost of the loading and weighing shall be borne equally by the parties hereto. Landlord Peavey shall provide Tenant Amber with house unload and house transfer weights of all Tenant Grain grain handled by Landlord Peavey for TenantAmber. All transfers and unload weights will be received in writing within 24 hours. Each car and truck shall Amber will accept batch weights for its accounting procedures. However, if a railroad shipper will not accept batch weights, Peavey will weigh the cars at a cost to Amber to be weighed individually. At least once each year during the term of this Lease, Landlord shall conduct a weigh-up of all Tenant Grain owned by the Tenant and stored in the Elevator and shall provide Tenant with a report of the results of such weigh-upsagreed upon. (dv) Tenant Amber shall provide to Landlord Peavey the grade, quantity, quality, quality and car number or vessel name at least two three (23) working days prior to arrival of TenantAmber's Graingrain. Wheat designated for separate storage shall be limited to no more than eight (8) rail wheat grade classifications and no more than eight (8) vessel wheat grade classifications provided that no more than a total of eight (8) wheat grade classifications (whether rail or vessel) shall be subject to separate storage at any one time, provided Amber shall pay on demand by Peavey any demurrage resulting from requiring multiple separations. Procedures for handling multiple wheat grade separations shall be mutually determined by Peavey's and Amber's respective local managers at the Terminal. (vi) Peavey, when transferring Amber's wheat from its elevators to the mill, will, upon request of Amber, provide up to four (4) grades for blending and shall use reasonable care to provide a requested blend, but will not guarantee any specific percentage blend. Amber shall not request less than 30,000 bushels of a specified blend or mix at any one time.