Common use of Products and Specifications Clause in Contracts

Products and Specifications. Buyer shall purchase from Supplier the products listed in Exhibit A attached hereto and incorporated herein by reference (as such list may be amended by mutual written agreement of the parties from time to time, the “Products”), as reflected in purchase orders or EDI orders submitted from time to time in accordance with the provisions of this Agreement. In connection with manufacturing and packaging the Products purchased hereunder, Supplier shall comply in all material respects with the specifications for such Products in use by Buyer as of the date hereof (as such specifications may be amended by mutual written agreement of the parties from time to time, the “Specifications”). Each particular Product may be processed and manufactured at (i) the specific Supplier facilities identified on Exhibit A (the “Original Facilities”) or (ii) any other Supplier facilities specified by Supplier (the “Discretionary Facilities”); provided, that in the case of clause (ii), (A) any Discretionary Facility must be qualified to at least the level of the prior Original Facility prior to any Products being produced at the Discretionary Facility and (B) the price for any Products being produced at a Discretionary Facility will remain FOB the Original Facility, and Supplier shall be responsible for all incremental costs (including freight) arising from the movement of Product manufacturing from an Original Facility to a Discretionary Facility. Notwithstanding the foregoing, for any Products produced by Supplier at one facility that are, at Buyer’s request, picked up by Buyer’s employees, agents, representatives or carriers at a different Supplier facility (collectively, “Resupply Products”), Supplier shall arrange and pass through to Buyer the actual costs of all freight relating to the shipment of Resupply Products from the Supplier producing facility to the Supplier receiving facility.

Products and Specifications. Buyer shall purchase from Supplier the products listed in Exhibit A attached hereto and incorporated herein by reference (as such list may be amended by mutual written agreement of the parties from time to time, the “Products”), as reflected in purchase orders or EDI orders submitted from time to time in accordance with the provisions of this Agreement. In connection with manufacturing and packaging the Products purchased hereunder, Supplier shall comply in all material respects with the specifications for such Products in use by Buyer as of the date hereof (as such specifications may be amended by mutual written agreement of the parties from time to time, the “Specifications”). Each particular Product may be processed and manufactured at (i) the specific Supplier facilities identified on Exhibit A (the “Original Facilities”) or (ii) any other Supplier facilities specified by Supplier (the “Discretionary Facilities”); provided, that in the case of clause (ii), (A) any Discretionary Facility must be qualified to at least the level of the prior Original Facility (including, without limitation, an ability to deliver to Buyer’s customers Products which have a code date which is equal to or within [**] than Products supplied from the Original Facility) prior to any Products being produced at the Discretionary Facility and (B) the price for any Products being produced at a Discretionary Facility will remain FOB the Original Facility, and Supplier shall be responsible for all incremental costs (including freight) arising from the movement of Product manufacturing from an Original Facility to a Discretionary Facility. Notwithstanding the foregoing, for any Products produced by Supplier at one facility that are, at Buyer’s request, picked up by Buyer’s employees, agents, representatives or carriers at a different Supplier facility (collectively, “Resupply Products”), Supplier shall arrange and pass through to Buyer the actual costs of all freight relating to the shipment of Resupply Products from the Supplier producing facility to the Supplier receiving facility.

Products and Specifications. Buyer shall purchase from Supplier the products listed in Exhibit A attached hereto and incorporated herein by reference (as such list may be amended by mutual written agreement of the parties from time to time, the “Products”), as reflected in purchase orders or EDI orders submitted from time to time in accordance with the provisions of this Agreement. In connection with manufacturing and packaging the Products purchased hereunder, Supplier shall comply in all material respects with the specifications for such Products in use by Buyer as of the date hereof (as such specifications may be amended by mutual written agreement of the parties from time to time, the “Specifications”). Each particular Product may be processed and manufactured at (i) the specific Supplier facilities identified on Exhibit A (the “Original Facilities”) or (ii) any other Supplier facilities specified by Supplier (the “Discretionary Facilities”); provided, that in the case of clause (ii), (A) any Discretionary Facility must be qualified to at least the level of the prior Original Facility (including, without limitation, an ability to deliver to Buyer’s customers Products which have a code date which is equal to or within one (1) day less than Products supplied from the Original Facility) prior to any Products being produced at the Discretionary Facility and (B) the price for any Products being produced at a Discretionary Facility will remain FOB the Original Facility, and Supplier shall be responsible for all incremental costs (including freight) arising from the movement of Product manufacturing from an Original Facility to a Discretionary Facility. Notwithstanding the foregoing, for any Products produced by Supplier at one facility that are, at Buyer’s request, picked up by Buyer’s employees, agents, representatives or carriers at a different Supplier facility (collectively, “Resupply Products”), Supplier shall arrange and pass through to Buyer the actual costs of all freight relating to the shipment of Resupply Products from the Supplier producing facility to the Supplier receiving facility.