Bulk Shipping. (A) Following the date of this Agreement, Harbor and Spinco shall cooperate in good faith to identify a mutually agreed list of Manufacturers under Shared Sourcing Contracts pursuant to which Products were shipped to distribution centers of the Spinco Business as of the Distribution Date (such Shared Sourcing Contracts with mutually agreed Manufacturers, “Bulk Shipping Contracts”) from which to seek written consents to permit Spinco or its Affiliates to purchase Products directly from the applicable Manufacturer for a period of eighteen (18) months following the Closing or, in the case of any Private Brand Product, through the end of the Private Brand Transition Period (a “Bulk Shipping Manufacturer Consent”); provided, however, that Spinco shall be responsible for and shall pay or reimburse Harbor and its Affiliates for all third party costs, expenses, fees or charges incurred in connection with obtaining any such Bulk Shipping Manufacturer Consent. In no event shall Harbor be considered in breach of this Agreement if the Parties are unable to obtain any such Bulk Shipping Manufacturer Consent. Any such Bulk Shipping Manufacturer Consent must be executed by a member of the Harbor Group, Spinco (or a Spinco Entity on behalf of Spinco and its Affiliates) and the applicable Manufacturer and (unless otherwise waived by Harbor in its sole and absolute discretion) shall include an agreement by the applicable Manufacturer and Spinco that (1) Spinco and its Affiliates shall be solely and exclusively liable for any and all costs, expenses or other liabilities related to its purchase of Products (including with respect to the payment of any and all purchase orders placed by Spinco (or any Affiliate of Spinco) with the applicable Manufacturer and any costs and expenses associated with the recall of any such Products) and that neither Harbor nor any of its Affiliates shall have any liability or obligation in respect thereof, (2) returns with respect to any Products purchased by Spinco and its Affiliates from the Manufacturer shall be processed and coordinated directly between the applicable Manufacturer and Spinco (or the applicable Affiliate of Spinco) and neither Harbor nor any of its Affiliates shall have any liability or obligation in respect thereof, and (3) Harbor shall have the right to terminate Spinco’s (and any Affiliate of Spinco’s) right to purchase Products under the applicable Bulk Shipping Contract in the event that Spinco or any Affiliate of Spinco ei...
Bulk Shipping. Orica requires EDC to provide services to unload rail cars or tank trucks of Additives, load rail cars and trucks with AN Prills and to transfer rail cars of AN Prills from the EDC Site to the railroad's main line. The cost of these services will be determined on the basis of actual costs incurred by EDC as follows. All of the common shipping costs at the EDC Site for solids and liquids shall be divided into those relating to solids and those relating to liquids based on the total Tons shipped in a Year. Those common shipping costs relating to solids shall be further sub-divided into those relating to AN Prills and those relating to XXXX on the same basis. Orica shall be responsible for all such costs relating to AN Prills. In the event Orica ships AN Solution from the EDC ***INDICATES INFORMATION IN THIS DOCUMENT WHICH HAS BEEN OMITTED FROM THIS PUBLIC FILING PURSUANT TO A REQUEST BY THE COMPANY FOR CONFIDENTIAL TREATMENT BY THE SECURITIES AND EXCHANGE COMMISSION. THE OMITTED INFORMATION HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION FOR PURPOSES OF SUCH REQUEST Plant, common shipping costs relating to liquids shall be shared mutatis mutandis between the liquid products shipments. All other costs associated with Shipping which are specific to AN, for example outside contractors, shunting, track maintenance, switching (net of switching credits), shall also be charged to Orica based on actual use of the service in the particular Year. 5. *** For the Initial Period this amount shall be fixed at $***/Ton based on 210,000 Tons of production and $***/Ton based on 192,000 Tons of production. Thereafter the ***shall be subject to adjustment in accordance with Parts 1 and 2 respectively of this Schedule "C". 6. ***
Bulk Shipping. All orders are collected till the end date of your webstore and are shipped directly to the end user to distribute please allow 7 - 10 business days + shipping time to receive product.
Bulk Shipping. Unless other specifically agreed in writing by RSI, all products are to RSI in bulk; FOB Dallas, Texas and XXXXX d/b/a DCR are solely responsible for the packaging of all product on sale. 6.7 PRODUCT RECALL. RSI has the right, at the discretion of the B.A.S., to exercise and direct the content and scope of a recall; send; withdrawal, stock recovery, product correction and/or advisory safety communication relating to the products. RSI determines to <PAGE> inspected 8 the manner, text and time of publicity to be given subject to approval of XXXXX d/b/a DCR, which is not unreasonably withheld. In the event that a recall is initiated or directed by RSI, XXXXX d/b/a DCR agrees to cooperate fully and take all steps reasonably requested to execute the recall in a timely and complete manner. XXXXX d/b/a DCR shall bear the costs associated with any recall resulting from such a product that does not meet THE RSI specifications and/or DCR warranties under this agreement. In all other cases, RSI bears the costs associated with each recall. XXXXX d/b/a DCR ensures that the products are manufactured in accordance with good manufacturing practices and all applicable laws and regulations; including, as amended, and all other laws and regulations specifically relating to the manufacture, packaging and labelling of products, and that each unit of the products commercially, will reasonably comply with and comply with the applicable specifications there for it and, upon delivery to RSI, will be free of all defects in production, treatment, packaging and processing. 7.2
