Production and Packaging. Bxxxxx shall produce and package for Customer the malt beverage products set forth on Exhibit A attached hereto (“the Products”), as Customer, in its discretion, may order from time to time. Unless otherwise specified on Exhibit A, the Products shall be produced in accordance with Customer’s standard formula for malt beverage products as provided in writing to Bxxxxx prior to execution of this Agreement. Bxxxxx and Customer anticipate an annual production of approximately 6,000 barrels for Year One.
Production and Packaging. (a) Brew Hub agrees to produce and package the Product for sale to the Company, and the Company agrees to purchase the Product from Brew Hub, on the following terms.
(b) The Company will order at least barrels (the "Minimum Amount") and not more than barrels (the "Maximum Amount") for production by Brew Hub during the initial year 2022 and changing as mutually agreed each following year. For purposes hereof, a barrel equals 31 U.S. gallons of liquid. If the Company does not order the Minimum Amount during any year, Brew Hub shall have the right to terminate this Agreement at any time on 60 days notice. If the Company's orders exceed the Maximum Amount during any year, Brew Hub shall have the right to limit production of Product to the Maximum Amount.
(c) All bottles, cans, kegs and other packages for the Product ("Packaging Materials") shall be supplied by Brew Hub and Company. Packaging Materials shall be labeled in accordance with all applicable laws and regulations and in accordance with specifications on Schedule 1 attached hereto. If required, the label on each individual bottle or can of the Product and on secondary packaging shall bear a statement to the effect that it is "brewed and packaged for Company by Brew Hub, LLC" or such other notice as may reasonably be required.
(d) The composition and dimensions of all Packaging Materials shall be as described on Schedule 1 and may not be changed except as may be agreed by the parties in writing. Brew Hub shall purchase and maintain, from time to time, adequate Packaging Materials to meet the anticipated production of the Product over the next 30 days.
(e) The Company shall pay to Brew Hub a Deposit in the amount of for the first (1) brand, within 10 days after the Effective Date. The Deposit shall be used by Brew Hub to pay for brewing materials and Packaging Materials for the Products and may be applied against any unpaid amounts owed to Brew Hub. Additional Deposits of for each new Brand(s). The Deposit is not used for creative costs, one-time set-up costs or any other similar expenses incurred by Brew Hub, all of which shall be billed to the Company separately as incurred by Bxxx Xxx. Upon termination of this Agreement, the Deposit shall be applied against the final invoice and other amounts owed to Brew Hub, or refunded to the Company, as appropriate.
(f) Brew Hub will apply a printed code customarily used by Brew Hub on all packages, which code shall include the date of production and specific info...
Production and Packaging for employees who start after 6 a.m., this will be a day shift. A shift premium of seventy cents ($0.70) per hour shall be paid for all hours worked on the afternoon shift. Engineering and Maintenance: 4 p.m. – midnight. Production and Packaging: for employees who start their workday after 2 p.m., this will be an afternoon shift. Employees will not be entitled to afternoon shift premium where they work regularly scheduled day shifts of ten (10) hours, unless they start their shift after 2 p.m.. A shift premium of eighty cents ($0.80) per hour shall be paid for all hours worked on the night shift. Engineering and Maintenance: midnight – 8 a.m.. Production and Packaging: for employees who start their workday after 10 p.m. – will be on the night shift. Employees will not be entitled to night shift premium where they work regularly scheduled afternoon shifts of ten (10) hours, unless they start after 10 p.m.
Production and Packaging. QUALITY CONTROL. AMBREW agrees to produce and package PRODUCT exclusively for sale to ANHEUSER-BUSCX xxx/or its authorized agents, and ANHEUSER-BUSCX xxxees to purchase PRODUCT from AMBREW, on the following terms:
6.1 Until and unless otherwise determined by ANHEUSER-BUSCX, xxd subject to the limitations set forth in Section 7.4, AMBREW will sell to ANHEUSERBUSCH such 5 quantities of PRODUCT in such packages as ANHEUSER-BUSCX xxx order from time to time. AMBREW represents and warrants to ANHEUSER-BUSCX xxxt it shall have a minimum annual production capacity available for PRODUCT of 30,000 cases (twenty-four (24) twelve (12) ounce bottles) of beer at all times hereunder and a minimum daily output of 520 cases. Further, AMBREW will use its best efforts to have available at all times sufficient production capacity at its Approved Breweries to satisfy ANHEUSER-BUSCH's requests.
6.2 All PRODUCT shall be brewed and packaged by AMBREW in accordance with all applicable laws and regulations of the United States of America and Mexico. Likewise, all bottles, cans, kegs and other packages of the PRODUCT supplied by AMBREW hereunder shall be labeled in accordance with all applicable laws and regulations and in accordance with specifications furnished by ANHEUSER-BUSCX xx AMBREW from time to time; provided, however, that ANHEUSER-BUSCX xxxll be responsible for such labeling with respect to items supplied by it to AMBREW. The label on each individual bottle or can of PRODUCT shall also bear a statement to the effect that it is "brewed and packaged by Cerveceria Rio Bravx X.X. xx C.V. in Tecate, Mexico and imported by Anheuser-Buscx, Xxc." or such other notice as may reasonably be required by ANHEUSER-BUSCX.
6.3 AMBREW shall monitor PRODUCT code dates and destroy, in accordance with the policies of ANHEUSER-BUSCX xxxm time to time, all PRODUCT in its brewery warehouses which exceed the following age limits (measured from date of packaging): Bottles/Cans - 30 days Kegs - 7 days If the overaged PRODUCT is present at AMBREW's brewery warehouses due to ANHEUSER-BUSCH's failure to comply with the forecast and ordering procedures set forth in this Agreement, then the cost of destruction shall be borne by ANHEUSERBUSCH. If the overaged PRODUCT is present at AMBREW's brewery warehouses due to any other reason, then AMBREW shall bear the cost of such destruction and shall reimburse ANHEUSER-BUSCX xxx ANHEUSER-BUSCH's out-of-pocket costs related to such destruction, including but n...
Production and Packaging
