Common use of Payment to the Clause in Contracts

Payment to the. Grower where excluded from Pool 2 (1) Subject to subclause (2) where the Grower is excluded from the pool payment calculation in respect of a particular pool the Grower shall be paid, in respect of birds marketed from the batch concerned, an amount, determined by negotiation between the parties having regard to the growing fee and all other relevant factors. (2) Where the Grower — (a) has provided the relevant cooling facilities and supervision pursuant to clause 3(a)(v) and (vi); and (b) is excluded from the pool payment calculation in respect of a particular pool as a result of his results in that pool being seriously impaired by heatwave conditions, the Grower shall be paid the full growing fee in respect of all birds marketed from the batch concerned. AND IT IS FURTHER EXPRESSLY AGREED AND DECLARED as follows:

Payment to the. Grower where excluded from Pool 2Pool (1) Subject to subclause (2) where the Grower is excluded from the pool payment calculation in respect of a particular pool the Grower shall be paid, in respect of birds marketed from the batch concerned, an amount, determined by negotiation between the parties having regard to the growing fee and all other relevant factors. (2) Where the Grower — (a) has provided the relevant cooling facilities and supervision pursuant to clause 3(a)(v3 (a) (v) and (vi); and (b) is excluded from the pool payment calculation in respect of a particular pool as a result of his results in that pool being seriously impaired by heatwave conditions, the Grower shall be paid the full growing fee in respect of all birds marketed from the batch concerned. AND IT IS FURTHER EXPRESSLY AGREED AND DECLARED as follows: