Common use of All Products Clause in Contracts

All Products. (a) shall be merchantable and fit for their intended purpose; (b) shall be produced exclusively in the breweries of CBA, its Affiliates or in other breweries approved by ABI; (c) shall be free from defects in materials and workmanship and in compliance with applicable federal and state laws and regulations; (d) shall be delivered free from any lawful security interest, lien or other encumbrance; (e) shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act, as amended, and shall comply with the applicable provisions of the Code of Federal Regulations; and (f) shall be produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended, and Executive Order No. 11246 and of the rules, regulations and relevant orders of the Secretary of Labor, if applicable. (a) In order to ensure the freshness quality of Product when consumed by the public, all Products shall be delivered by CBA to the designated ABI Distribution Facility, or to the Alliance Wholesalers, Affiliated Wholesalers and Non-Alliance Wholesalers: (i) for packaged Product, at least 80 days; and (ii) for draft Product, at least 32 days, prior to the time when such Product would no longer be salable to or consumable by the public, based on criteria developed by CBA and reasonably acceptable to ABI, by which CBA judges the freshness of its malt and non-malt beverage products. (b) If ABI changes from time to time its standards with respect to the remaining shelf life as applied generally to its products sold in the United States, CBA agrees that within six months of the effective date of such change, CBA shall conform its shipment practices to the current ABI standard. (c) To the extent any Product is shipped to a WSC, ABI may change the standards described in Section 12.08(a) to provide assurances, satisfactory in the reasonable judgment of ABI, that the Product will continue to be delivered to retailers with a remaining shelf life consistent with the standards generally used by ABI

Appears in 3 contracts

Samples: Master Distributor Agreement, Master Distributor Agreement (Craft Brewers Alliance, Inc.), Master Distributor Agreement (Anheuser-Busch Companies, Inc.)

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All Products. (a) shall be merchantable and fit for their intended purpose; (b) shall be produced exclusively in the breweries of CBAKona, its Affiliates Redhook, Widmer or in other breweries approved by ABI; (c) shall xxxxx be free from defects in materials and workmanship and in compliance with applicable federal and state laws and regulations; (d) shall be delivered free from any lawful security interest, lien or other encumbrance; (e) shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act, as amended, and shall comply with the applicable provisions of the Code of Federal Regulations; and (f) shall be produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended, and Executive Order No. 11246 and of the rules, regulations and relevant orders of the Secretary of Labor, if applicable. (a) In order to ensure the freshness quality of Product when consumed by the public, all Products shall be delivered by CBA to the designated ABI Distribution Facility, or to the Alliance Wholesalers, Affiliated Wholesalers and Non-Alliance Wholesalers: (i) for packaged Product, at least 80 days; and (ii) for draft Product, at least 32 days, prior to the time when such Product would no longer be salable to or consumable by the public, based on criteria developed by CBA and reasonably acceptable to ABI, by which CBA judges the freshness of its malt and non-malt beverage products. (b) If ABI changes from time to time its standards with respect to the remaining shelf life as applied generally to its products sold in the United States, CBA agrees that within six months of the effective date of such change, CBA shall conform its shipment practices to the current ABI standard. (c) To the extent any Product is shipped to a WSC, ABI may change the standards described in Section 12.08(a) to provide assurances, satisfactory in the reasonable judgment of ABI, that the Product will continue to be delivered to retailers with a an remaining shelf life consistent with the standards generally used by ABI.

Appears in 1 contract

Samples: Master Distributor Agreement (Redhook Ale Brewery Inc)

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All Products. (a) shall be merchantable and fit for their intended purpose; (b) shall be produced exclusively in the breweries of CBARedhook, its Affiliates Widmer or in other breweries approved by ABI; (c) shall xxxxx be free from defects in materials and workmanship and in compliance with applicable federal and state laws and regulations; (d) shall be delivered free from any lawful security interest, lien or other encumbrance; (e) shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act, as amended, and shall comply with the applicable provisions of the Code of Federal Regulations; and (f) shall be produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended, and Executive Order No. 11246 and of the rules, regulations and relevant orders of the Secretary of Labor, if applicable. (a) In order to ensure the freshness quality of Product when consumed by the public, all Products shall be delivered by CBA Redhook to the designated ABI Distribution Facility, or to the Alliance Wholesalers, Affiliated Wholesalers and Non-Alliance Wholesalers: (i) for packaged Product, at least 80 days; and (ii) for draft Product, at least 32 days, prior to the time when such Product would no longer be salable to or consumable by the public, based on criteria developed by CBA Redhook and reasonably acceptable to ABI, by which CBA Redhook judges the freshness of its malt and non-malt beverage products. (b) If ABI changes from time to time its standards with respect to the remaining shelf life as applied generally to its products sold in the United States, CBA Redhook agrees that within six months of the effective date of such change, CBA Redhook shall conform its shipment practices to the current ABI standard. (c) To the extent any Product is shipped to a WSC, ABI may change the standards described in Section 12.08(a) to provide assurances, satisfactory in the reasonable judgment of ABI, that the Product will continue to be delivered to retailers with a an remaining shelf life consistent with the standards generally used by ABI

Appears in 1 contract

Samples: Master Distributor Agreement (Redhook Ale Brewery Inc)

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