Common use of Warehousing Clause in Contracts

Warehousing. The Warehouse Operator agrees, unless prevented from doing so by force majeure, to (each of the following): A. accept for storage only storable grain; B. accept all storage and non-storage grain and, at the request of the depositor or lawful owner, deliver out (other than in the case of specially-binned grain) all storage and non-storage grain in accordance with the weight and grade of that grain as determined by a person duly licensed to inspect, sample, classify and/or weigh that grain. (Disputes are addressed in Section J - Grain Grading Appeals); C. accept and deliver out of storage grain in accordance with the factors determined as the result of an appeal of the original inspection results; D. ensure all grain accepted for storage is stored in the Warehouse Operator’s licensed warehouse space; E. issue a USWA Inspection and/or Weight Certificate for each individual conveyance (or for multiple railcars provided that each railcar is identified separately) that delivers grain received for storage or that is loaded out of the Warehouse Operator’s licensed warehouse space; F. deliver stored grain without unnecessary delay and in a commercially reasonable manner; G. not deliver infested or adulterated grain as defined under the United States Standards, USDA/AMS/FGIS, Food and Drug Administration (FDA), Environmental Protection Agency regulations, or other Federal laws or standards; H. not load or deliver grain in a conveyance that places the quality or quantity of the grain at risk; I. not redeliver, ship or remove any warehouse-receipted grain from licensed storage space based on written or oral orders from the current holder or other lawful person without the Warehouse Operator first being made the final holder of the EWR or having physical possession of the paper warehouse receipt or other document of release for such grain; J. promptly cancel warehouse receipts representing any grain prior to shipping or removing grain from licensed storage space; K. resolve any claim for noncompliance with the shipping of grain or any other dispute in a U.S. district court of competent jurisdiction or through mutually agreed-upon arbitration procedures. The arbitration procedures will be nondiscriminatory and provide equal access and protection relating to the shipping of grain; L. maintain sufficient inventory, at all times, of grain in licensed storage space that reflects the quality and quantity represented by outstanding storage obligations (including warehouse-receipted and unreceipted grain). In the event the quality or quantity of stored grain becomes out of balance with quality or quantity represented by outstanding storage obligations, the Warehouse Operator is to effect the necessary corrective actions to regain a balanced position for quality and quantity in a timely manner; M. attach, upon acceptance for storage of any lot of bagged grain, a durable tag or stencil in a manner that readily makes possible the identification of the lot at all times. Such tags or stencil must show: (1) lot number; (2) warehouse receipt number issued for such grain, if warehouse receipt is requested; (3) number of bags in the lot, if applicable; (4) kind and class of grain; (5) quality factors, if determined; (6) gross weight of the screened grain when it entered storage, and (7) date the grain entered storage.

Warehousing. The Warehouse Operator agrees, unless prevented from doing so by force majeure, to (each of the following): A. accept for storage only storable grain; B. accept all storage and non-storage grain and, at the request of the depositor or lawful owner, deliver out (other than in the case of specially-binned grain) all storage and non-storage grain in accordance with the weight and grade of that grain as determined by a person duly licensed to inspect, sample, classify and/or weigh that grain. (Disputes are addressed in Section J - Grain Grading Appeals); C. accept and deliver out of storage grain in accordance with the factors determined as the result of an appeal of the original inspection results; D. ensure all grain accepted for storage is stored in the Warehouse Operator’s licensed warehouse space; E. issue a USWA Inspection and/or Weight Certificate for each individual conveyance (or for multiple railcars provided that each railcar is identified separately) that delivers grain received for storage or that is loaded out of the Warehouse Operator’s licensed warehouse space; F. deliver stored grain without unnecessary delay and in a commercially reasonable manner; G. not deliver infested or adulterated grain as defined under the United States Standards, USDA/AMSGIPSA/FGIS, Food and Drug Administration (FDA), Environmental Protection Agency regulations, or other Federal laws or standards; H. not load or deliver grain in a conveyance that places the quality or quantity of the grain at risk; I. not redeliver, ship or remove any warehouse-receipted grain from licensed storage space based on written or oral orders from the current holder or other lawful person without the Warehouse Operator first being made the final holder of the EWR or having physical possession of the paper warehouse receipt or other document of release for such grain; J. promptly cancel warehouse receipts representing any grain prior to shipping or removing grain from licensed storage space; K. resolve any claim for noncompliance with the shipping of grain or any other dispute in a U.S. district court of competent jurisdiction or through mutually agreed-upon arbitration procedures. The arbitration procedures will be nondiscriminatory and provide equal access and protection relating to the shipping of grain; L. maintain sufficient inventory, at all times, of grain in licensed storage space that reflects the quality and quantity represented by outstanding storage obligations (including warehouse-receipted and unreceipted grain). In the event the quality or quantity of stored grain becomes out of balance with quality or quantity represented by outstanding storage obligations, the Warehouse Operator is to effect the necessary corrective actions to regain a balanced position for quality and quantity in a timely manner; M. attach, upon acceptance for storage of any lot of bagged grain, a durable tag or stencil in a manner that readily makes possible the identification of the lot at all times. Such tags or stencil must show: (1) lot number; (2) warehouse receipt number issued for such grain, if warehouse receipt is requested; (3) number of bags in the lot, if applicable; (4) kind and class of grain; (5) quality factors, if determined; (6) gross weight of the screened grain when it entered storage, and (7) date the grain entered storage.

Warehousing. The Warehouse Operator agrees, unless prevented from doing so by force majeure, to (each of the following): A. accept for storage only storable grain; B. accept all storage and non-storage grain and, at the request of the depositor or lawful owner, deliver out (other than in the case of specially-binned grain) all storage and non-storage grain in accordance with the weight and grade of that grain as determined by a person duly licensed to inspect, sample, classify weigh, inspect and/or weigh grade that grain. grain and to certificate the weight and grade of that grain under the USWA and the regulations, (Disputes are addressed in Section J - – Grain Grading Appeals); C. accept and deliver out of storage grain in accordance with the factors determined as the result of an appeal of the original inspection results; D. ensure all grain accepted for storage is stored in the Warehouse Operator’s licensed warehouse space; E. issue a USWA Weight, Inspection and/or Weight Grade Certificate for each individual conveyance (or for multiple railcars provided that each railcar is identified separately) that delivers grain received for storage or that is loaded out of the Warehouse Operator’s licensed warehouse space; F. deliver stored grain without unnecessary delay and in a commercially reasonable manner; G. not deliver infested or adulterated grain as defined under the United States official U.S. Grain Standards, USDA/AMS/FGIS; USDA- GIPSA, Food and Drug Administration (FDA), or Environmental Protection Agency regulations, ; or other Federal laws or standards; H. not load or deliver grain in a conveyance that places the quality or quantity of the grain at risk; I. not redeliver, ship or remove any warehouse-warehouse receipted grain from licensed storage space based on written or oral orders from the current holder or other lawful person without the Warehouse Operator first being made the final holder of the EWR or having physical possession of the paper warehouse receipt or other document of release for such grain; J. promptly cancel warehouse receipts representing any grain prior to shipping or removing grain from licensed storage space; K. resolve any claim for noncompliance with the shipping of grain or any other dispute in a U.S. district court of competent jurisdiction or through mutually agreed-agreed upon arbitration procedures. The arbitration procedures will be nondiscriminatory and provide equal access and protection relating to the shipping of grain; L. K. maintain sufficient inventory, at all times, inventory of grain in licensed storage space that reflects the quality and quantity represented by outstanding storage obligations (including warehouse-receipted and unreceipted grain). In ) and, in the event the quality or quantity of stored grain becomes out of balance with quality or quantity represented by outstanding storage obligations, the Warehouse Operator is to effect the necessary corrective actions to regain a balanced position for quality and quantity quantity; L. issue a warehouse receipt upon acceptance for storage of any lot of identity-preserved or conjoint- storage grain in a timely manneraccordance with Section F, Warehouse Receipts; M. attach, upon acceptance for storage of any lot of bagged grain, a durable tag or stencil in a manner that readily makes possible the identification of the lot at all times. Such tags or stencil must show: (1) lot number; (2) warehouse receipt number issued for such grain, if warehouse receipt is requested; (3) number of bags in the lot, if applicable; (4) kind and class of grain; (5) quality factors, if determined; (6) gross weight of the screened grain when it entered storage, ; and (7) date the grain entered storage. (Note: The tags on bagged grain must be visible and readily accessible enabling an accurate count.)