Common use of Warehouse Clause in Contracts

Warehouse. A. Unless otherwise agreed by ▇▇▇▇▇ Brothers in writing, the warehouse comprising approximately 100,000 square feet and located at ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Street, Suite 1, Bluffton, IN 46714 (the “Warehouse”) shall be operated by Warehouseman for the exclusive use and benefit of ▇▇▇▇▇ Brothers. Warehouseman shall promptly notify ▇▇▇▇▇ Brothers of any condition respecting the Warehouse which would prevent or otherwise inhibit its performance of the Services. ▇. ▇▇▇▇▇ Brothers shall have full access to the Warehouse at all times and shall have the right to examine, inspect, inventory and count all or any of its goods. If ▇▇▇▇▇ Brothers desires access outside of normal business hours, ▇▇▇▇▇ Brothers will coordinate access with Warehouseman. C. Warehouseman shall be responsible for all operating expenses and handling fees in connection with the operation of the Warehouse, except for rent, utilities, dock doors, seals, levelers, restraints , HVAC system and common area charges and real estate taxes unless expenses are due to Warehouseman’s neglect. D. Warehouseman shall maintain the Warehouse in a good and orderly condition and shall comply with the storage conditions and sanitation and housekeeping standards established by the American Institute of Baking from time to time. Warehouseman shall be responsible for any such related costs to comply. AIB audit cost will be paid by ▇▇▇▇▇ Brothers. E. Notwithstanding anything to the contrary contained herein, in the event the Federal Food & Drug Administration or any other governmental authority or entity (hereinafter “other agency”) determines that the Warehouse is not a fit space for the storage of ▇▇▇▇▇ Brothers products or food products in general and such condition resulted from some action or omission of Warehouseman, Warehouseman shall either (1) bring the Warehouse into compliance within sixty (60) days of written notice of such determination, or (2) store the ▇▇▇▇▇ Brothers products, which are the subject of this Agreement, at a substitute facility during that portion of the Term in which either the Federal Food &Drug Administration or other agency’s determination of lack of fitness remains in effect. Any charges over and above the charges herein which may be incurred by Warehouseman by virtue of providing substitute storage space shall be the responsibility of Warehouseman. Furthermore, when notice of unsuitable conditions is delivered to the Warehouseman by any governmental authority or entity, the Warehouseman must immediately notify ▇▇▇▇▇ Brothers and provide ▇▇▇▇▇ Brothers with a copy of any letter, report or order which the Warehouseman may have received from such governmental authority or entity.