Common use of Meeting the Specifications Clause in Contracts

Meeting the Specifications. (a) Schedule 3 sets out the minimum Specifications required for the supply of Milk to us. You agree to meet or exceed the minimum Specifications in the provision of all Litres of Milk. (b) Schedule 3 also sets out the Control Limits for supply of Milk to us. You agree not to supply any milk that does not meet the Control Limits. (c) If you believe you will not be able to supply the Milk at or better than the minimum Specifications for a particular delivery, you will advise us (or our Representative) of the likely specification problem as soon as you form such belief. Where you supply Milk for collection by us at the Dairy for a particular delivery that does not meet the minimum Specifications but meets the Control Limits (“Failed Milk”) on:‌ (i) 5 consecutive milk collections; or (ii) 10 individual milk collections in a 6-month period, you will trigger a “Failed Milk Corrective Action” event. (d) For any “Failed Milk Corrective Action” event you are required, within 5 working days of being notified, to: (i) conduct further investigations into the causes of the Failed Milk and report back to us; and (ii) take whatever other action we deem reasonably necessary in order to mitigate the risk of a re- occurrence of those causes. Until you satisfy us that the causes of the Failed Milk have been rectified, we shall not be liable to accept Milk from you. (e) If you have 3 “Failed Milk Corrective Action” events in any 12 month period or you do not comply with the requirements of any single “Failed Milk Corrective Action” event as outlined in clause 3.4(d) then we will meet with you to discuss how to resolve this ongoing failure in good faith. (f) If you supply any Milk that does not meet the Control Limits or specifications, we have no obligation to purchase that Milk. We may: (i) deduct certain amounts from the payment for the Milk in accordance with Schedule 3; (ii) reject the Milk; or (iii) undertake whatever other reasonable action regarding that Milk, including disposal at your cost. (g) If milk supplied by you that does not meet the Control Limits results in the contamination of other milk within the FDA pick up / processing system, you will be held responsible for the total volume of milk and the total cost of rectification.

Meeting the Specifications. (a) Schedule 3 sets out the minimum Specifications required for the supply of Milk to us. You agree to meet or exceed the minimum Specifications in the provision of all Litres of Milk. (b) Schedule 3 also sets out the Control Limits for supply of Milk to us. You agree not to supply any milk that does not meet the Control Limits. (c) If you believe you will not be able to supply the Milk at or better than the minimum Specifications for a particular delivery, you will advise us (or our Representative) of the likely specification problem as soon as you form such belief. Where you supply Milk for collection by us at the Dairy for a particular delivery that does not meet the minimum Specifications but meets the Control Limits (“Failed Milk”) on:‌ (i) 5 consecutive milk collections; or (ii) 10 individual milk collections in a 6-month period, you will trigger a “Failed Milk Corrective Action” event. (d) For any “Failed Milk Corrective Action” event you are required, within 5 working days of being notified, to: (i) conduct further investigations into the causes of the Failed Milk and report back to us; and (ii) take whatever other action we deem reasonably necessary in order to mitigate the risk of a re- re-occurrence of those causes. Until you satisfy us that the causes of the Failed Milk have been rectified, we shall not be liable to accept Milk from you. (e) If you have 3 “Failed Milk Corrective Action” events in any 12 month period or you do not comply with the requirements of any single “Failed Milk Corrective Action” event as outlined in clause 3.4(d) then we will meet with you to discuss how to resolve this ongoing failure in good faith. (f) If you supply any Milk that does not meet the Control Limits or specifications, we have no obligation to purchase that Milk. We may: (i) deduct certain amounts from the payment for the Milk in accordance with Schedule 3; (ii) reject the Milk; or (iii) undertake whatever other reasonable action regarding that Milk, including disposal at your cost. (g) If milk supplied by you that does not meet the Control Limits results in the contamination of other milk within the FDA pick up / processing system, you will be held responsible for the total volume of milk and the total cost of rectification.

Meeting the Specifications. (a) Schedule 3 sets out the minimum Specifications required for the supply of Milk to us. You agree to meet or exceed the minimum Specifications in the provision of all Litres of Milk. (b) Schedule 3 also sets out the Control Limits for supply of Milk to us. You agree not to supply any milk that does not meet the Control Limits. (c) If you believe you will not be able to supply the Milk at or better than the minimum Specifications for a particular delivery, you will advise us (or our Representative) of the likely specification problem as soon as you form such belief. Where you supply Milk for collection by us at the Dairy for a particular delivery that does not meet the minimum Specifications but meets the Control Limits (“"Failed Milk”") on:‌ (i) 5 consecutive milk collections; or (ii) 10 individual milk collections in a 6-month period, you will trigger a “"Failed Milk Corrective Action” " event. (d) For any “"Failed Milk Corrective Action” " event you are required, within 5 working days of being notified, to: (i) conduct further investigations into the causes of the Failed Milk and report back to us; and (ii) take whatever other action we deem reasonably necessary in order to mitigate the risk of a re- re-occurrence of those causes. Until you satisfy us that the causes of the Failed Milk have been rectified, we shall not be liable to accept Milk from you. (e) If you have 3 “"Failed Milk Corrective Action” " events in any 12 month period or you do not comply with the requirements of any single “"Failed Milk Corrective Action” " event as outlined in clause 3.4(d) then we will meet with you to discuss how to resolve this ongoing failure in good faith. (f) If you supply any Milk that does not meet the Control Limits or specifications, we have no obligation to purchase that Milk. We may: (i) deduct certain amounts from the payment for the Milk in accordance with Schedule 3; (ii) reject the Milk; or (iii) undertake whatever other reasonable action regarding that Milk, including disposal at your cost. (g) If milk supplied by you that does not meet the Control Limits results in the contamination of other milk within the FDA pick up / processing system, you will be held responsible for the total volume of milk and the total cost of rectification.

Meeting the Specifications. (a) Schedule 3 sets out the minimum Specifications required for the supply of Milk to us. You agree to meet or exceed the minimum Specifications in the provision of all Litres of Milk. (b) Schedule 3 also sets out the Control Limits for supply of Milk to us. You agree not to supply any milk that does not meet the Control Limits. (c) If you believe you will not be able to supply the Milk at or better than the minimum Specifications for a particular delivery, you will advise us (or our Representative) of the likely specification problem as soon as you form such belief. Where you supply Milk for collection by us at the Dairy for a particular delivery that does not meet the minimum Specifications but meets the Control Limits Limits‌ (“Failed Milk”) on:‌on: (i) 5 consecutive milk collections; or (ii) 10 individual milk collections in a 6-month period, you will trigger a “Failed Milk Corrective Action” event. (d) For any “Failed Milk Corrective Action” event you are required, within 5 working days of being notified, to: (i) conduct further investigations into the causes of the Failed Milk and report back to us; and (ii) take whatever other action we deem reasonably necessary in order to mitigate the risk of a re- re-occurrence of those causes. Until you satisfy us that the causes of the Failed Milk have been rectified, we shall not be liable to accept Milk from you. (e) If you have 3 “Failed Milk Corrective Action” events in any 12 month period or you do not comply with the requirements of any single “Failed Milk Corrective Action” event as outlined in clause 3.4(d) then we will meet with you to discuss how to resolve this ongoing failure in good faith. (f) If you supply any Milk that does not meet the Control Limits or specifications, we have no obligation to purchase that Milk. We may: (i) deduct certain amounts from the payment for the Milk in accordance with Schedule 3; (ii) reject the Milk; or (iii) undertake whatever other reasonable action regarding that Milk, including disposal at your cost. (g) If milk supplied by you that does not meet the Control Limits results in the contamination of other milk within the FDA pick up / processing system, you will be held responsible for the total volume of milk and the total cost of rectification.

Meeting the Specifications. (a) Schedule 3 sets out the minimum Specifications required for the supply of Milk to us. You agree to meet or exceed the minimum Specifications in the provision of all Litres of Milk. (b) Schedule 3 also sets out the Control Limits for supply of Milk to us. You agree not to supply any milk that does not meet the Control Limits. (c) If you believe you will not be able to supply the Milk at or better than the minimum Specifications for a particular delivery, you will advise us (or our Representative) of the likely specification problem as soon as you form such belief. Where you supply Milk for collection by us at the Dairy for a particular delivery that does not meet the minimum Specifications but meets the Control Limits (“Failed Milk”) on:‌ (i) 5 consecutive milk collections; or (ii) 10 individual milk collections in a 6-6 month period, you will trigger a “Failed Milk Corrective Action” event. (d) For any “Failed Milk Corrective Action” event you are required, within 5 working days of being notified, to: (i) conduct further investigations into the causes of the Failed Milk and report back to us; and (ii) take whatever other action we deem reasonably necessary in order to mitigate the risk of a re- re-occurrence of those causes. Until you satisfy us that the causes of the Failed Milk have been rectified, rectified we shall not be liable to accept Milk from you. (e) If you have 3 “Failed Milk Corrective Action” events in any 12 month period or you do not comply with the requirements of any single “Failed Milk Corrective Action” event as outlined in clause 3.4(d) then we will meet with you to discuss how to resolve this ongoing failure in good faith. (f) If you supply any Milk that does not meet the Control Limits or specifications, we have no obligation to purchase that Milk. We may: (i) deduct certain amounts from the payment for the Milk in accordance with Schedule 3; (ii) reject the Milk; or (iii) undertake whatever other reasonable action regarding that Milk, including disposal at your cost. For the avoidance of doubt, Bulla has no obligation to collect Milk that it reasonably suspects does not meet the Control Limits or specifications. (g) If milk supplied by you that does not meet the Control Limits results in the contamination of other milk within the FDA Bulla pick up / processing system, you will be held responsible for the total volume of milk and the total cost of rectification.

Meeting the Specifications. (a) Schedule 3 sets out the minimum Specifications required for the supply of Milk to us. You agree to meet or exceed the minimum Specifications in the provision of all Litres of Milk. (b) Schedule 3 also sets out the Control Limits for supply of Milk to us. You agree not to supply any milk that does not meet the Control Limits. (c) If you believe you will not be able to supply the Milk at or better than the minimum Specifications for a particular delivery, you will advise us (or our Representative) of the likely specification problem as soon as you form such belief. Where you supply Milk for collection by us at the Dairy for a particular delivery that does not meet the minimum Specifications but meets the Control Limits (“Failed Milk”) on:‌ (i) 5 consecutive milk collections; or (ii) 10 individual milk collections in a 6-6 month period, you will trigger a “Failed Milk Corrective Action” event. (d) For any “Failed Milk Corrective Action” event you are required, within 5 working days of being notified, to: (i) conduct further investigations into the causes of the Failed Milk and report back to us; and (ii) take whatever other action we deem reasonably necessary in order to mitigate the risk of a re- re-occurrence of those causes. Until you satisfy us that the causes of the Failed Milk have been rectified, rectified we shall not be liable to accept Milk from you. (e) If you have 3 “Failed Milk Corrective Action” events in any 12 month period or you do not comply with the requirements of any single “Failed Milk Corrective Action” event as outlined in clause 3.4(d) then we will meet with you to discuss how to resolve this ongoing failure in good faith. (f) If you supply any Milk that does not meet the Control Limits or specifications, we have no obligation to purchase that Milk. We may: (i) deduct certain amounts from the payment for the Milk in accordance with Schedule 3; (ii) reject the Milk; or (iii) undertake whatever other reasonable action regarding that Milk, including disposal at your cost. (g) If milk supplied by you that does not meet the Control Limits results in the contamination of other milk within the FDA Bulla pick up / processing system, you will be held responsible for the total volume of milk and the total cost of rectification.