Right to move Bulk Wheat Clause Samples

Right to move Bulk Wheat. (a) Subject to clause 5.8, 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 6.5(a) will be at the expense of the Client. Viterra will use the then current freight rates published by Viterra.
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Right to move Bulk Wheat. (a) The Company reserves the right to either move or swap Bulk Wheat either within a Port Terminal Facility or to another Company Facility if: (i) sufficient evidence exists to indicate the quality of the Bulk Wheat or 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 or Season); (iii) the Company determines (in the Company’s reasonable opinion) that it is operationally efficient to move the Bulk Wheat; or (iv) the Client has not provided the Company with evidence of an intention to ship or otherwise outturn the Bulk Wheat from the Port Terminal Facility. (b) Any movements described in clause 6.5(a) will be at the expense of the Client. The Company will use the then current freight rates published by the Company.
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Right to move Bulk Wheat. ‌ (a) The Company reserves the right to either move or swap Bulk Wheat either within a Port Terminal Facility or to another Company Facility if: (i) sufficient evidence exists to indicate the quality of the Bulk Wheat or 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 or Season); or (iii) the Company determines (in the Company’s reasonable opinion) that it is operationally efficient to move the Bulk Wheat; or. (iv) the Client has not provided the Company with evidence of an intention to ship or otherwise outturn the Bulk Wheat from the Port Terminal Facility. (b) Any movements described in clause (a) will be at the expense of the Client. The Company will use the then current freight rates published by the Company. prior to the commencement of the Season in order to charge the Client for the movement (and fuel variations may apply). (c) Without limiting clause 6.5(a), the Company may, at its discretion, overflow Bulk Wheat from any Port Terminal Facility, or swap Bulk Wheat to an alternative Company Facility provided that the Client is compensated for any freight differential.
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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 (as varied from time to time) published by Viterra 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.
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Related to Right to move Bulk Wheat

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  • Right to Sell Assignor may not Transfer any interest in the ▇▇▇▇▇, the Subject Interests or any part thereof or any undivided interest therein in violation of Section 11.03. Subject to Section 11.02 and 11.03, Assignor may from time to time Transfer, mortgage or pledge its interest in the ▇▇▇▇▇, the Subject Interests, or any part thereof or undivided interest therein, if and only if (i) such Transfer, mortgage or pledge is made expressly subject to and burdened with the Royalty Interest and this Conveyance; (ii) solely in connection with a Transfer other than a Transfer pursuant to a foreclosure on any mortgage or security interest, Assignor has caused the assignee, purchaser, transferee or grantee of any such transaction to (A) acknowledge that the affected Subject Interests are taken subject to and burdened with the Royalty Interest and this Conveyance, and (B) assume and agree to discharge Assignor’s obligations under this Conveyance with respect to such Subject Interests from and after the actual date of any such Transfer; and (iii) in connection with any Transfer pursuant to a foreclosure on any mortgage or security interest, Assignor has used commercially reasonable efforts to cause the assignee, purchaser, transferee or grantee of any such transaction to (A) acknowledge that the affected Subject Interests are taken subject to and burdened with the Royalty Interest and this Conveyance, and (B) assume and agree to discharge Assignor’s obligations under this Conveyance with respect to such Subject Interests from and after the actual date of any such Transfer. Any assumption and agreement to discharge shall be by appropriate written instrument for the express benefit of and enforceable by Assignee. For the avoidance of doubt, nothing in this Section 11.01(a) is intended to permit any assignee, purchaser, transferee or grantee to acquire any interest in the ▇▇▇▇▇, the Subject Interests or any part thereof or undivided interest therein without being subject to and burdened with the Royalty Interest and this Conveyance. Assignee shall not be required to recognize any purported Transfer, mortgage or pledge not made in conformance with this Section 11.01(a) and, notwithstanding any such purported Transfer, mortgage or pledge, Assignor shall remain obligated under this Conveyance just as if such Transfer, mortgage or pledge attempt had not been made and Assignee shall continue to deal with Assignor to the exclusion of the purported transferee. Further, to the extent permitted by applicable Legal Requirements, any purported Transfer not made in conformance with this Section 11.01(a) shall be void and of no effect.

  • Right to Views Nothing contained in this Agreement shall be construed to limit, impair or affect the right of any employee or representative of an employee to the expression or communication of a view, complaint or opinion on any matter so long as such action does not interfere with the performance of the duties of employment as prescribed in this Agreement or circumvent the rights of the exclusive representative.

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