Common use of PRICE FOR THE MILK Clause in Contracts

PRICE FOR THE MILK. (a) Subject to clause 2(b), for the Milk supplied in accordance with the Agreement, Brownes will pay to the Supplier the Seasonal Price, on a monthly basis. The Seasonal Price and Pricing Terms in the Seasonal Pricing Letter will take effect from the date specified in the Seasonal Pricing Letter (Effective Date) and will continue to apply until amended or a new Seasonal Pricing Letter is issued. At no time will the Seasonal Price or Pricing Terms be applied retrospectively. (b) Subject to clause 5.4 (b), the Seasonal Price may be adjusted by the Pricing Terms as set out in the Seasonal Pricing Letter. (i) Any Seasonal Pricing Letter that details a Seasonal Price below Minimum Price (Unilateral Prospective Step down) can only take effect under Exceptional Circumstances. (ii) Where a Unilateral Prospective Step Down in Minimum Price occurs the Supplier is afforded the right to terminate this EMSA giving 21 days’ notice after receiving the notice from Brownes of the Prospective Step down. The Supplier may in turn rescind that notice of termination before the end of those 21 days. (c) Brownes agrees to underwrite the minimum price for all volumes specified in the Agreement for the Term of the Agreement with all other terms and conditions of the Agreement remaining in full force and effect. (d) Currently Minimum Price means 100% of the final net farm gate price received for all milk produced at the farm and supplied by the Supplier to Brownes during the 2020/2021 season ending on 30 June 2021 converted to equivalent cents per litre price. This price will consider the issued Seasonal Price, Milk Collection Fee, Fat Adjustment, Protein Adjustment and Quality Adjustment as issued on the Seasonal Pricing Letter for that period.

PRICE FOR THE MILK. (a) Subject to clause 2(b), for the Milk supplied in accordance with the Agreement, Brownes Xxxxxxx will pay to the Supplier the Seasonal Price, on a monthly basis. The Seasonal Price and Pricing Terms in the Seasonal Pricing Letter will take effect from the date specified in the Seasonal Pricing Letter (Effective Date) and will continue to apply until amended or a new Seasonal Pricing Letter is issued. At no time will the Seasonal Price or Pricing Terms be applied retrospectively. (b) Subject to clause 5.4 (b), the Seasonal Price may be adjusted by the Pricing Terms as set out in the Seasonal Pricing Letter. (i) Any Seasonal Pricing Letter that details a Seasonal Price below Minimum Price (Unilateral Prospective Step down) can only take effect under Exceptional Circumstances. (ii) Where a Unilateral Prospective Step Down in Minimum Price occurs the Supplier is afforded the right to terminate this EMSA giving 21 days’ notice after receiving the notice from Brownes Xxxxxxx of the Prospective Step down. The Supplier may in turn rescind that notice of termination before the end of those 21 days. (iii) Xxxxxxx undertakes to take all reasonable steps to avoid a step down and in doing so limit any impact on the Supplier. Furthermore Xxxxxxx no later than 30 days before the step down occurs, will give the Supplier and the Commission written notice of the following; I. The step down; II. The exceptional circumstances: III. The reasonable steps (if any) Xxxxxxx has taken or will take: IV. Why the step down is unavoidable V. The period to which the step down applies (c) Brownes Xxxxxxx agrees to underwrite the minimum price Minimum Price for all volumes specified in the Agreement for the Term of the Agreement with all other terms and conditions of the Agreement remaining in full force and effect. (d) Currently Minimum Price means 100% of the final net farm gate monthly milk price received for all milk produced at the farm and supplied by the Supplier to Brownes during the 2020/2021 season ending on 30 June 2021 converted to equivalent cents per litre priceof milk as detailed in Appendix F of this EMSA. This price will consider the issued Monthly Seasonal Price, Milk Collection Fee, Fat Adjustment, Protein Adjustment and Quality Adjustment Adjustment. (e) Brownes EMSA minimum price is based on firstly the supply and demand dynamics in the West Australian market and secondly the management and processing of excess seasonal milk supply into lower value storable commodity products the value of which is entirely determined by global dairy supply and demand forces. (a) The Supplier must comply with all obligations and requirements concerning the quality of Milk supplied as issued on set out in the Agreement. (b) Brownes or any of its employees or agents shall have the right to test Milk supplied by the Supplier at any time for any of the following: (i) contamination (being the presence of antibiotics or blood); (ii) dilution; and (iii) fat, protein, total plate count, somatic cell count, or other tests as required from time to time. (c) Xxxxxxx reserves the right to cease collecting and/or paying for Milk from the Supplier as follows: (i) Xxxxxxx will not pay for Grade 4 Milk if the Supplier has supplied Milk in Grade 4 (as defined in Section D of the Seasonal Pricing Letter Letter) for two or more months in any 12 month period; (ii) Xxxxxxx will not pay for Grade 5 Milk (as defined in Section D of the Seasonal Pricing Letter). Where such Grade 5 Milk has been delivered it is at Xxxxxxx sole discretion as to what it does with that periodMilk; and (iii) After providing written notice, as soon as practicable to the farmer of the rejection, including the reason for the rejection and the consequences for the farmer of the rejection then Xxxxxxx will not collect or pay for any contaminated milk other than on the terms set out in the Seasonal Pricing Letter. (d) Milk quality premiums or deductions apply as per the Seasonal Pricing Letter. (i) SCC tests are conducted by an independent credited laboratory (currently Farm West) daily and TPC Counts tested internally at Brownes at various times throughout the month. (ii) SCC monthly average is calculated using a “normalised average” where a daily result that is more than one standard deviation from the mean (simple average) gets excluded from average calculation as it is assumed “abnormal”. The Supplier retains the right to independently test TPC should there be a significant issue with TPC results from Xxxxxxx.

PRICE FOR THE MILK. (a) Subject to clause 2(b), for the Milk supplied in accordance with the Agreement, Brownes will pay to the Supplier the Seasonal Price, on a monthly basis. The Seasonal Price and Pricing Terms in the Seasonal Pricing Letter will take effect from the date specified in the Seasonal Pricing Letter (Effective Date) and will continue to apply until amended or a new Seasonal Pricing Letter is issued. At no time will the Seasonal Price or Pricing Terms be applied retrospectively. (b) Subject to clause 5.4 (b), the Seasonal Price may be adjusted by the Pricing Terms as set out in the Seasonal Pricing Letter. (i) Any Seasonal Pricing Letter that details a Seasonal Price below Minimum Price (Unilateral Prospective Step downDown) can only take effect under Exceptional Circumstances. (ii) Where a Unilateral Prospective Step Down in Minimum Price occurs the Supplier is afforded the right to terminate this EMSA MSA giving 21 days’ notice after receiving the notice from Brownes of the Prospective Step down. The Supplier may in turn rescind that notice of termination before the end of those 21 days. (iii) Brownes undertakes to take all reasonable steps to avoid a step down and in doing so limit any impact on the Supplier. Furthermore Brownes no later than 30 days before the step down occurs, will give the Supplier and the Commission written notice of the following; I. The step down; II. The exceptional circumstances: III. The reasonable steps (if any) Brownes has taken or will take: IV. Why the step down is unavoidable V. The period to which the step down applies (c) Brownes agrees to underwrite the minimum price Minimum Price for all volumes specified in the Agreement for the Term of the Agreement with all other terms and conditions of the Agreement remaining in full force and effect. (d) Currently Minimum Price means 100% of the final net farm gate monthly milk price received for all milk produced at the farm and supplied by the Supplier to Brownes during the 2020/2021 season ending on 30 June 2021 converted to equivalent cents per litre priceof milk as detailed in APPENDIX E of this MSA. This price will consider the issued Monthly Seasonal PricePrices, Milk Collection Feecollection fee, Fat Adjustment, Protein Adjustment and Quality Adjustment as issued Adjustment. (e) Brownes MSA minimum price is based on firstly the Seasonal Pricing Letter for that periodsupply and demand dynamics in the West Australian market and secondly the management and processing of excess seasonal milk supply into lower value storable commodity products the value of which is entirely determined by global dairy supply and demand forces.

PRICE FOR THE MILK. (a) Subject to clause 2(b), for the Milk supplied in accordance with the Agreement, Brownes will pay to the Supplier the Seasonal Price, on a monthly basis. The Seasonal Price and Pricing Terms in the Seasonal Pricing Letter will take effect from the date specified in the Seasonal Pricing Letter (Effective Date) and will continue to apply until amended or a new Seasonal Pricing Letter is issued. At no time will the Seasonal Price or Pricing Terms be applied retrospectively. (b) Subject to clause 5.4 (b), the Seasonal Price may be adjusted by the Pricing Terms as set out in the Seasonal Pricing Letter. (i) Any Seasonal Pricing Letter that details a Seasonal Price below Minimum Price (Unilateral Prospective Step downDown) can only take effect under Exceptional Circumstances. (ii) Where a Unilateral Prospective Step Down in Minimum Price occurs the Supplier is afforded the right to terminate this EMSA MSA giving 21 days’ notice after receiving the notice from Brownes of the Prospective Step down. The Supplier may in turn rescind that notice of termination before the end of those 21 days. (c) Brownes agrees to underwrite the minimum price for all volumes specified in the Agreement for the Term of the Agreement with all other terms and conditions of the Agreement remaining in full force and effect. (d) Currently Minimum Price means 100% of the final net farm gate price received for all milk produced at the farm and supplied by the Supplier to Brownes during for the 2020/2021 season ending on 30 June 2021 converted 2021converted to equivalent cents per litre price. This price will consider the issued Seasonal PricePrices, Milk Collection Feecollection fee, Fat Adjustment, Protein Adjustment and Quality Adjustment as issued on the Seasonal Pricing Letter for that period.

PRICE FOR THE MILK. (a) Subject to clause 2(b), for the Milk supplied in accordance with the Agreement, Brownes Xxxxxxx will pay to the Supplier the Seasonal Price, on a monthly basis. The Seasonal Price and Pricing Terms in the Seasonal Pricing Letter will take effect from the date specified in the Seasonal Pricing Letter (Effective Date) and will continue to apply until amended or a new Seasonal Pricing Letter is issued. At no time will the Seasonal Price or Pricing Terms be applied retrospectively. (b) Subject to clause 5.4 (b), the Seasonal Price may be adjusted by the Pricing Terms as set out in the Seasonal Pricing Letter. (i) Any Seasonal Pricing Letter that details a Seasonal Price below Minimum Price (Unilateral Prospective Step down) can only take effect under Exceptional Circumstances. (ii) Where a Unilateral Prospective Step Down in Minimum Price occurs the Supplier is afforded the right to terminate this EMSA giving 21 days’ notice after receiving the notice from Brownes Xxxxxxx of the Prospective Step down. The Supplier may in turn rescind that notice of termination before the end of those 21 days. (iii) Xxxxxxx undertakes to take all reasonable steps to avoid a step down and in doing so limit any impact on the Supplier. Furthermore Xxxxxxx no later than 30 days before the step down occurs, will give the Supplier and the Commission written notice of the following; I. The step down; II. The exceptional circumstances: III. The reasonable steps (if any) Xxxxxxx has taken or will take: IV. Why the step down is unavoidable V. The period to which the step down applies (c) Brownes Xxxxxxx agrees to underwrite the minimum price Minimum Price for all volumes specified in the Agreement for the Term of the Agreement with all other terms and conditions of the Agreement remaining in full force and effect. (d) Currently Minimum Price means 100% of the final net farm gate monthly milk price received for all milk produced at the farm and supplied by the Supplier to Brownes during the 2020/2021 season ending on 30 June 2021 converted to equivalent cents per litre priceof milk as detailed in APPENDIX E of this EMSA. This price will consider the issued Monthly Seasonal Price, Milk Collection Fee, Fat Adjustment, Protein Adjustment and Quality Adjustment as issued Adjustment. (e) Brownes EMSA minimum price is based on firstly the Seasonal Pricing Letter for that periodsupply and demand dynamics in the West Australian market and secondly the management and processing of excess seasonal milk supply into lower value storable commodity products the value of which is entirely determined by global dairy supply and demand forces.