Common use of FAILURE TO BUY Clause in Contracts

FAILURE TO BUY. 6.1 For each Contract Year, should the Buyers fail to purchase a minimum of [ * * * ] of the Annual Forecast, or mutually agreed Revised Forecast, by Sourcing Cell for [ * * * ] Confidential treatment requested. Supply Agreement CONFIDENTIAL Containers or [ * * * ] of the Annual Forecast, or mutually agreed Revised Forecast, for Preforms for such Contract Year, PCAM agrees to [ * * * ] an [ * * * ], [ * * * ], provided Seller is unsuccessful in utilizing its assets to produce PET Products for other customers or other PCAM business. To the extent the parties mutually agree that Seller may source Containers from a supply location other than the Sourcing Cells, any such supply shall be deemed to have been sourced from a Sourcing Cell as per Schedule B for the purpose of [ * * * ] under this Section 6.1. 6.2 In the event PCAM changes label design or PET Product Specifications, or in the event PCAM discontinues any brand or size of PET Product during the Term, the Buyers shall be responsible for any PET Products produced by Seller and labels purchased by Seller prior to notification of the change or discontinuance up to a maximum one month PET Product inventory, unless otherwise agreed to in writing or forecasted by PCAM, of the affected Container, and a three month inventory, unless otherwise agreed to in writing or forecasted by PCAM, of the affected label, and [ * * * ] and the subsequent discontinuance of the PET Product by PCAM. Seller’s one month PET Product inventory and three month label inventory shall be measured with respect to the most recent Annual Forecast or mutually agreed Revised Forecast upon which Seller relied to plan such inventory.

FAILURE TO BUY. 6.1 For each Contract Year, should the Buyers fail Buyer agrees to purchase a minimum of [ * * * [***] of the base volume forecast for each cell as referenced in Schedule B1 and also agrees to purchase a minimum of [***] of the Annual Forecast, Forecast provided by December 15 or mutually agreed Revised Forecast, by Sourcing Cell for [ * * * ] Confidential treatment requested. Supply Agreement CONFIDENTIAL Containers or [ * * * ] of the Annual Forecast, or if mutually agreed Revised Forecastupon and committed to by Buyer and Seller, for Preforms for such the upcoming Contract Year. If Buyer does not purchase such minimum [***] requirement by cell, PCAM Buyer agrees to [ * * * [***] an [ * * * ], [ * * * [***], provided Seller is unsuccessful in utilizing its assets to produce PET Products containers for other customers or other PCAM Pepsi business. To Buyer has the extent option to choose whether it will i) [***], or ii) [***] over the parties mutually agree that Seller may source Containers from a supply location other than the Sourcing Cellsnext Contract Year’s purchases, any such supply shall be deemed to have been sourced from a Sourcing Cell as per Schedule B for the purpose of [ * * * should they exist. [***] under this Section 6.1.Confidential treatment requested 6.2 In the event PCAM Buyer changes label design or PET Product Container Specifications, or in the event PCAM Buyer discontinues any brand or size of PET Product Container during the Term, the Buyers Buyer shall be responsible for any PET Products Containers produced by Seller and labels purchased by Seller prior to notification of the change or discontinuance up to a maximum one month PET Product inventory, unless otherwise agreed to in writing or forecasted by PCAMwriting, of the affected Container, and a three month inventory, unless otherwise agreed to in writing or forecasted by PCAMwriting, of the affected label, and [ * * * [***] and the subsequent discontinuance of the PET Product package by PCAMBuyer. (a) Seller agrees to collate and report potential obsolete container and [***] information to Buyer’s filling locations 30 days prior to discontinuance. Additionally, Seller agrees to provide an accurate report of actual obsolete inventory 30 days after the close of each period. Buyer agrees to make payment within 60 days of receipt of Seller’s one month PET Product inventory and three month label inventory shall report. If Seller fails to provide such reports, Buyer will not be measured with respect to the most recent Annual Forecast or mutually agreed Revised Forecast upon which Seller relied to plan such inventoryheld responsible for respective obsolete material.

FAILURE TO BUY. 6.1 For Buyer agrees to purchase a minimum of [ * * * ] of the base volume forecast for each Contract Year, should the Buyers fail cell as referenced in Schedule B1 and also agrees to purchase a minimum of [ * * * ] of the Annual Forecast, Forecast provided by December 15 or mutually agreed Revised Forecast, if mutually agreed upon and committed to by Sourcing Cell Buyer and Seller, for the upcoming Contract Year. If Buyer does not purchase such minimum [ * * * ] Confidential treatment requested. Supply Agreement CONFIDENTIAL Containers or [ * * * ] of the Annual Forecastrequirement by cell, or mutually agreed Revised Forecast, for Preforms for such Contract Year, PCAM Buyer agrees to [ * * * ] an [ * * * ], [ * * * ]according to the calculation set forth in Schedule F, provided Seller is unsuccessful in utilizing its assets to produce PET Products containers for other customers or other PCAM Pepsi business. To Buyer has the extent the parties mutually agree that Seller may source Containers from a supply location other than the Sourcing Cellsoption to choose whether it will i) [ * * * ], any such supply shall be deemed to have been sourced from a Sourcing Cell as per Schedule B for the purpose of or ii) [ * * * ] under this Section 6.1over the next Contract Year’s purchases, should they exist. 6.2 In the event PCAM Buyer changes label design or PET Product Container Specifications, or in the event PCAM Buyer discontinues any brand or size of PET Product Container during the Term, the Buyers Buyer shall be responsible for any PET Products Containers produced by Seller and labels purchased by Seller prior to notification of the change or discontinuance up to a maximum one month PET Product inventory, unless otherwise agreed to in writing or forecasted by PCAMwriting, of the affected Container, and a three month inventory, unless otherwise agreed to in writing or forecasted by PCAMwriting, of the affected label, and [ * * * ] and the subsequent discontinuance of the PET Product package by PCAMBuyer. [ * * * ] Confidential treatment requested. (a) Seller agrees to collate and report potential obsolete container and label information to Buyer’s filling locations 30 days prior to discontinuance. Additionally, Seller agrees to provide an accurate report of actual obsolete inventory 30 days after the close of each period. Buyer agrees to make payment within 60 days of receipt of Seller’s one month PET Product inventory and three month label inventory shall report. If Seller fails to provide such reports, Buyer will not be measured with respect to the most recent Annual Forecast or mutually agreed Revised Forecast upon which Seller relied to plan such inventoryheld responsible for respective obsolete material.