Grain Clause Samples

Grain. Gavilon represents and warrants that Gavilon shall lawfully possess any Grain shipped to the Elevators at Gavilon’s direction and Gavilon has the right and authority to store the Grain with Contractor or Producer, as applicable. Each of Contractor and Producer shall provide Gavilon with daily reports showing the amount of Grain received at, or removed from, the Elevators. Additionally, Contractor and Producer, as applicable, each agrees to provide Gavilon with a calculation of the Grain remaining in the Elevators as of the last day of each month. Additionally, each of Contractor and Producer shall work in good faith to true-up such amounts and account for the same on a monthly basis based upon measurements taken at the Elevators to determine the amount of Grain remaining at the end of each month. In the event that there is a discrepancy between the estimated amount of Grain remaining in each Elevator at the end of each month based upon shipments of Grain received or shipped when compared with the estimated amount of Grain remaining at each Elevator based upon measurements taken at the Elevators, Contractor and Producer shall work in good faith to resolve such issues with Gavilon with the actual estimated measurements to be determinative unless otherwise agreed upon by the Parties. Each of Contractor and Producer shall notify Gavilon immediately of any errors, problems or complaints relating to the Grain, including any matters related to Grain contracts (i.e., specification issues or delivery issues) or related to storage of the Grain (i.e., any damage or spoilage).

Grain. When two (2) automatic grain trimming machines are being used in one (1) hatch, they shall not be less than twenty-five (25) feet apart.

Grain. All products commonly classed as grain such as wheat, corn, oats, barley, rye, flaxseed, rough, ▇▇▇▇▇, and milled rice, sunflower seeds, field peas, soybeans, ▇▇▇▇▇, sor- ghum, safflower seed, triticale, millet and such other products as are ordi- narily stored in grain warehouses, sub- ject to the disapproval of the Adminis- trator.

Grain. All p r od u c t s co mm o n l y cl a ssed a s g ra i n s u c h a s w h e a t , co rn , o a t s, b ar le y , ry e, fl a xseed, r o u g h , b r ow n , an ▇ ▇ illed r ice, s unflowe r seeds, field pe a s, so y be an s, e mm e r , so r -

Grain. CLASSIFICATION (a) Grain is classified on Receival in accordance with the applicable Commodity Standard. (b) If, in GrainCorp’s discretion, it determines a quantity of Stored Grain has fallen outside its Grade, reclassification may occur and in doing so becomes Reclassified Grain. (c) GrainCorp will reclassify Your malt & food barley to ‘BAR1 where the germinative energy is determined by GrainCorp to be less than 95% or it remains Stored Grain on or after 1 April of the Next Season. (d) Where reclassification of Stored Grain comprising malt & food barley occurs, Your Accounting Stock will be proportionately adjusted to ‘BAR1. (e) Each Season GrainCorp will reclassify Your chickpea to ‘CHKF’ if it remains Stored Grain on or after 1 September of the current season. CHKF is a no guarantee quality classification. (f) Where reclassification of Stored Grain comprising chickpeas occurs, Your Accounting Stock will be adjusted to ‘CHKF’. (g) For the avoidance of doubt, clause 7(h) does not apply to any reclassification under clauses 7(c) or 7(e). (h) If you have a Claim for Reclassified Grain, subject to clause 7(i), GrainCorp will only indemnify You for Reclassified Grain in accordance with the Reclassified Grain Indemnity Formula and subject to the Minimum Tonnage Threshold. (i) GrainCorp is not liable to You or any third party for any Claims or Loss including in relation to any alleged or actual reduction in quality of Stored Grain the subject of an Order to Outload where: (i) The reduction in quality would not have resulted in the said Stored Grain becoming Reclassified Grain; (ii) GrainCorp complied with the applicable Commodity Standard on Receival and Outload; (iii) You requested GrainCorp to blend two or more Grades into one Grade and the blended Grade is at least the same quality of the lower of the two Grades blended; (iv) An Order to Outload is within 0.3% of the minimum protein and maximum moisture, 1% of the maximum screenings and/or 2kg/Hl test weight of the relevant Commodity Standard on up to two (2) road trucks on any one (1) Business Day at each GrainCorp Storage; (v) You provided inaccurate or no details of the Outload destination; (vi) The quantity of Reclassified Grain is less than the Minimum Tonnage Threshold; (vii) Where the quality of a loaded train, averaged across all wagons of a train, would not have resulted in the said Stored Grain becoming Reclassified Grain; (viii) The average presence of GM material in non- genetically modified Grad...