Operational Decision Making Clause Samples
Operational Decision Making. In making any decision to accept or reject the Vessel Nomination or any amendment to a Vessel Nomination, CBH shall make its determination in accordance with the terms of the Undertaking having regard to the following:
(a) that in making decisions relating to the provision of access to the Port Terminal Services, CBH must balance conflicts of interests of Customers of the Port Terminal Facilities;
(b) the application by CBH of objective commercial criteria and practices and policies to promote fair, reasonable and non-discriminatory Operational Decision making;
(c) giving priority to vessels based on the lead time given between nomination and vessel ETA, and the likely availability of sufficient Bulk Wheat Entitlement at the Port prior to vessel ETA, the likely uncommitted storage capacity at the Port Terminal Facility and the uncommitted inloading capacity necessary to make a Nominated ▇▇▇▇▇▇’s Nominated Tonnage;
(d) the objectives of:
(i) minimising Demurrage at the Port over a given period; and
(ii) maximising throughput of Bulk Wheat at the Port over a given period; and
(e) changes in relevant facts and circumstances including:
(i) insufficient Bulk Wheat Entitlement at the Port accumulated by the Customer necessary to make a Customer’s Nominated ▇▇▇▇▇▇’s Nominated Tonnage;
(ii) variations in vessel arrival times;
(iii) failure of vessels to pass surveys;
(iv) stability and ship worthiness inspections;
(v) vessel congestion;
(vi) variation in cargo requirements;
(vii) lack of performance of freight providers;
(viii) equipment failure;
(ix) maintenance outages;
(x) contamination of accumulated cargoes or contamination of loads; or
(xi) a Material Breach;
(xii) a Customer not working a vessel or accumulating a cargo on a 24 hour/7 day basis where another Customer is able to do so;
(xiii) the Bulk Wheat is unavailable as a result of fumigation activities pursuant to clause 6.4;
(xiv) the Vessel Nomination contains inadequate or inaccurate information; or
(xv) an event of Force Majeure prevents the scheduling of Port Outturning Services.
Operational Decision Making. In making any decision to accept or reject the Vessel Nomination or any amendment to a Vessel Nomination, CBH shall make its determination in accordance with the terms of the Undertaking having regard to the following:
(a) that in making decisions relating to the provision of access to the Port Terminal Services, CBH must balance conflicts of interests of Customers of the Port Terminal Facilities;
(b) the application by CBH of objective commercial criteria and practices and policies to promote fair, reasonable and non-discriminatory Operational Decision making;
(c) giving priority to vessels based on the lead time given between nomination and vessel ETA, and the likely availability of sufficient Bulk Wheat Entitlement at the Port prior to vessel ETA, CBH_DMS_PROD-#946542-v6C:\Documents and Settings\36491\Application the likely uncommitted storage capacity at the Port Terminal Facility and the uncommitted inloading capacity necessary to make a Nominated Vessel‟s Nominated Tonnage;
(d) the objectives of:
(i) minimising Demurrage at the Port over a given period; and
(ii) maximising throughput of Bulk Wheat at the Port over a given period; and
Operational Decision Making. In making any decision to accept or reject the Vessel Nomination or any amendment to a Vessel Nomination, CBH shall make its determination in accordance with the terms of the Undertaking having regard to the following:
(a) that in making decisions relating to the provision of access to the Port Terminal Services, CBH must balance conflicts of interests of Customers of the Port Terminal Facilities;
(b) the application by CBH of objective commercial criteria and practices and policies to promote fair, reasonable and non-discriminatory Operational Decision making;
(c) giving priority to vessels based on the lead time given between nomination and vessel ETA, and the likely availability of sufficient Bulk WheatGrain Entitlement at the Port prior to vessel ETA, the likely uncommitted storage capacity at the Port Terminal Facility and the uncommitted inloading capacity necessary to make a Nominated ▇▇▇▇▇▇’s Nominated Tonnage;