Common use of AGROCHEMICALS Clause in Contracts

AGROCHEMICALS. In order to assure compliance with the laws concerning agrochemicals that exist in Colombia and the destination markets, as well as to protect occupational health conditions, the environment and the quality of the FRUIT, the SELLER and the PRODUCERS commit to apply, during the production process and the post-harvests stage, only pesticides, herbicides, fungicides, insecticides, plant growth regulators or other chemical or organic, natural, artificial or synthetic substances, that have been previously authorized by the BUYER or its TECHNICAL REPRESENTATIVE and are authorized for use in the Republic of Colombia and the destination countries of the FRUIT, including the United States of America and the countries that comprise the European Union. The SELLER and the PRODUCERS commit to apply these substances only in the amounts, proportions and using the methods established by the manufacturers of the authorized products and according to the best practices of the banana industry in Colombia. The BUYER has delivered to the SELLER and through the SELLER to the PRODUCERS, a listing of these products and substances. If during the term of this agreement the Colombian authorities and the authorities of the destination countries of the FRUIT authorize different formulations, but chemically identical to the authorized products and substances, the SELLER and, through the SELLER, the PRODUCERS, must notify the BUYER of their intention of using those new formulations. If the new formulations imply application methods that are different from those used with the previous formulations, the BUYER may not object their use by the SELLER and the PRODUCERS as long as these methods of application do not result in higher risks to people’s health, the environment or the possibility of higher levels of residues on the FRUIT, which are above the levels allowed by the authorities at the destination countries. Any change to the listing of products and substances other than the case of new formulations of products that have already been authorized, may only proceed through a previous written agreement between the BUYER and the SELLER. In case of breach of the obligations assumed by the SELLER or PRODUCERS in this section, or if the FRUIT delivered is damaged or mistreated due to agrochemicals or with residue levels above those allowed by relevant regulations, the BUYER is authorized by the SELLER and the PRODUCERS to immediately suspend without liability the purchase of the FRUIT originating at the affected part of the PLANTATION, while the negative effects or other foreseeable damages last, without prejudice of rejecting this FRUIT for not complying with the specifications agreed hereof. The BUYER declares that it knows that the SELLER and the PRODUCERS will use BRAVO® (clorotalonil), for the treatment of Black Sigatoka, in the entire PLANTATION. The BUYER hereby acknowledges that this product was never used in the farms on listing A, referenced in the definition of “PLANTATION”, while these farms were operated by the BUYER. The BUYER also acknowledges that it does not support the use of this product because of the potential occupational health and environment risks that, in the BUYER’S opinion, the use of this product implies, in spite of being a product whose use has been accepted by the authorities of Colombia, the European Union countries, the United States and the Rainforest Alliance in the “Better Banana Program”. The BUYER; nevertheless, accepts the use of BRAVO® by the SELLER and the PRODUCERS as an exception to the listing of agrochemicals described above. In order to assure the safe use of pesticides (herbicides, nematicides, insecticides fungicides, plant growth regulators, etc.) and to protect the health of their workers, the SELLER and the PRODUCERS agree to organize the tasks in the fields so that the field workers are not present in the areas of the PLANTATION that are being treated with pesticides in observance of the reentering periods established by the Environmental Protection Agency of the United States of America (U.S. EPA). For those workers who must enter an area of the PLANTATION being treated with pesticides, the SELLER and the PRODUCERS must provide appropriate personal protective equipment.

AGROCHEMICALS. In order to assure ensure compliance with the laws concerning regarding agrochemicals that exist prevalent in Colombia and in the destination markets, as well as to protect occupational health conditions, the environment and the quality of the FRUITFruit, the SELLER Seller and the PRODUCERS commit Producers covenant to apply, during the production process and the post-harvests stageharvest phase, only solely pesticides, herbicides, fungicides, insecticides, plant growth regulators or other chemical or organicorganic substances, natural, artificial or synthetic substancessynthetic, that have been previously authorized by the BUYER Buyer or its TECHNICAL REPRESENTATIVE Technical Representative and that are authorized for use in the Republic of Colombia and in the destination countries markets of the FRUITFruit, including the United States of America and the countries that comprise the European Union. The SELLER Seller and the PRODUCERS commit Producers covenant to apply these such substances only in the amountsquantities, proportions and using with the methods established by the manufacturers manufacturer of the authorized products product and according to in conformity with the best practices of the Colombian banana industry in Colombiaindustry. The BUYER Buyer has delivered to the SELLER and Seller and, through the SELLER Seller, to the PRODUCERSProducers, a listing list of these such products and substances. If during the term of this agreement Agreement the Colombian authorities and the authorities those of the destination countries of the FRUIT Fruit shall authorize different formulationsdifferent, but chemically identical to identical, formulations of the authorized products and substances, the SELLER andSeller, and through the SELLERSeller, the PRODUCERSProducers, must shall notify the BUYER Buyer of their intention of using those to use these new formulations. If the new formulations imply different application methods that are different from than those used with of the previous prior formulations, the BUYER Buyer may not object to their use by the SELLER Seller and the PRODUCERS Producers, as long as these such application methods of application do not result in higher risks risk levels to peoplea person’s health, to the environment or result in the possibility of higher residual levels of residues on the FRUIT, which are above the levels allowed Fruit higher to those permitted by the authorities at in the destination countries. Any change to the listing list of products and substances other than different to the case of new formulations of products that have already been authorizedpreviously authorized products, may shall only proceed be possible through a previous prior written agreement between the BUYER Buyer and the SELLERSeller. In case of the Seller or the Producers breach of the obligations assumed by the SELLER or PRODUCERS in this sectionclause, or if the FRUIT Fruit is delivered is damaged or mistreated due to agrochemicals or with residue levels above greater than those allowed by relevant the pertinent regulations, the BUYER Buyer is authorized empowered by the SELLER Seller and the PRODUCERS Producers to suspend immediately suspend and without any liability on its part whatsoever, the purchase of the FRUIT originating at Fruit from the affected part of area in the PLANTATION, while Plantation as long as the negative noxious effects or other the foreseeable damages shall last, without prejudice to the rejection of rejecting this FRUIT such Fruit for not complying non-compliance with the specifications agreed hereofagreed-upon specifications. The BUYER declares that it knows Buyer acknowledges that the SELLER Seller and the PRODUCERS will Producers shall use BRAVO® (clorotalonil), for the treatment of Black SigatokaSigatoka Negra, in the entire PLANTATIONentirety of the Plantation. The BUYER hereby acknowledges Buyer leaves written evidence that this product was never used in the farms on listing List A, referenced reference to which is made in the definition of “PLANTATION”Plantation, while these farms were operated by the BUYERBuyer. The BUYER Buyer also acknowledges that it does not support leaves written evidence of its disapproval of the use of this such product because of due to the potential occupational health and environment the environmental risks that, in the BUYER’S opinionit understands, the use of this such product impliesentails, in spite even though the use of being a such product whose use has been is accepted by the authorities Colombian authorities, the countries of Colombia, the European Union countries, and the United States and of America, as well as the Rainforest Alliance in the under its “Better Banana Program”. The BUYER; nevertheless.” Nevertheless, the Buyer accepts the use of BRAVO® by the SELLER Seller and the PRODUCERS Producers as an exception to the listing of agrochemicals agrochemical list described above. In order to assure guarantee the safe use of pesticides (herbicides, nematicides, insecticides insecticides, fungicides, plant vegetable growth regulators, etc.) and to protect the health of their its workers, the SELLER Seller and the PRODUCERS Producers agree to organize the tasks field work in the fields so such a manner that the field workers are not present in the Plantation areas of the PLANTATION that are being treated with pesticides in observance of the reentering reentry periods established by the Environmental Protection Agency of the United States of America (U.S. US EPA). For those workers who that must enter an area of the PLANTATION Plantation being treated with pesticides, the SELLER Seller and the PRODUCERS must provide appropriate personal protective Producers covenant to provided them with adequate protection equipment.