Common use of Purchase and Sale of Goods Clause in Contracts

Purchase and Sale of Goods. Subject to the terms and conditions of this Agreement, Supplier will produce, manufacture, process, qualify, sell, and deliver to Beyond Meat, and Beyond Meat will buy from Supplier, the [***] modified to Beyond Meat’s specifications (the “BM Pea Product” or “Goods”) identified in a purchase order issued by Beyond Meat (“Purchase Order”). The Goods must satisfy Beyond Meat requirements for production of its products, including size, flavor, texture, smell, and taste (the “Specifications”, set forth in Exhibit B). The Parties shall mutually agree on the Specifications, which may be amended from time-to-time by written agreement. Beyond Meat shall have no obligation to purchase any Goods that do not meet the Specifications. In case of nonconformance to the Specifications, or other order requirements set forth in any Purchase Order, Supplier will consult with Beyond Meat in a commercially reasonable manner to resolve the nonconformance before producing the Goods subject to the Purchase Order. In the event of a conflict between the terms of this Agreement and the terms of any Purchase Order, the terms of this Agreement will control.