Common use of Non-fulfilment of Business Agreements Clause in Contracts

Non-fulfilment of Business Agreements. C.2.1. Deficiencies in the number of pigs in relation to the Business Agreement shall be compensated for by the Seller*, unless caused by the conditions mentioned in clause 18.1. Compensation shall be calculated as: a) The contribution margin lost as a result of lacking consignments/numbers is calculated on the basis of the agreed number and on the expected Danish contribution margin per finisher for the week in which the breach occurred as estimated by XXXXX. Said contribution margin per pig shall be converted into a contribution margin per pen place per day until the pen place has been taken by another pig, based on the following number of production days from the penning of weaners to xxxxxxxxx: 1. 49 days in the case of “7-kg pigs”, based on 7-30 kg production 2. 90 days in the case of "30-kg pigs", based on 30-100 kg production 3. 139 days in the case of "7-kg pigs", based on 7-100 kg production and b) Any additional price in relation to the price stated in the Business Agreement* paid by the Buyer* for replacement weaners. Should the replacement price be lower than the price stated in the Business Agreement*, the Seller* shall not be entitled to claim the difference.

Appears in 6 contracts

Samples: www.spf.dk, www.spf.dk, www.spf.dk

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Non-fulfilment of Business Agreements. C.2.1. Deficiencies in the number of pigs in relation to the Business Agreement shall be compensated for by the Seller*, unless caused by the conditions mentioned in clause 18.1. Compensation shall be calculated as: a) The contribution margin lost as a result of lacking consignments/numbers is calculated on the basis of the agreed number and on the expected Danish contribution margin per finisher for the week in which the breach occurred as estimated by XXXXXPRC. Said contribution margin per pig shall be converted into a contribution margin per pen place per day until the pen place has been taken by another pig, based on the following number of production days from the penning of weaners to xxxxxxxxx: 1. 49 days in the case of “7-kg pigs”, based on 7-30 kg production 2. 90 days in the case of "30-kg pigs", based on 30-100 kg production 3. 139 days in the case of "7-kg pigs", based on 7-100 kg production and b) Any additional price in relation to the price stated in the Business Agreement* paid by the Buyer* for replacement weaners. Should the replacement price be lower than the price stated in the Business Agreement*, the Seller* shall not be entitled to claim the difference.

Appears in 1 contract

Samples: www.spf.dk

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Non-fulfilment of Business Agreements. C.2.1. Deficiencies in the number of pigs in relation to the Business Agreement shall be compensated for by the Seller*, unless caused by the conditions mentioned in clause 18.1. Compensation shall be calculated as: a) The contribution margin lost as a result of lacking consignmentsConsignments/numbers is calculated on the basis of the agreed number and on the expected Danish contribution margin per finisher for the week in which the breach occurred as estimated by XXXXX. /L&F. Said contribution margin per pig shall be converted into a contribution margin per pen place per day until the pen place has been taken by another pig, based on the following number of production days from the penning of weaners to xxxxxxxxx: 1. 49 days in the case of “7-kg pigs”, based on 7-30 kg production 2. 90 days in the case of "30-kg pigs", based on 30-100 kg production 3. 139 days in the case of "7-kg pigs", based on 7-100 kg production and b) Any additional price in relation to the price stated in the Business Agreement* Agreement paid by the Buyer* Buyer for replacement weaners. Should the replacement price be lower than the price stated in the Business Agreement*, the Seller* Seller shall not be entitled to claim the difference.

Appears in 1 contract

Samples: www.spf.dk

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