Common use of Purchase Terms Clause in Contracts

Purchase Terms. Additional purchase terms are set forth on Schedule D, which is attached hereto and is incorporated herein by reference. a. From time to time during the Term, PGT shall order Products from Supplier pursuant to and in accordance with separate PGT standard purchase orders or other related documentation (collectively, the "Purchase Orders"). Such Purchase Orders shall specify quantities of the Product, shipping instructions, delivery date(s), and detailed instructions for the delivery of the Goods (with release schedules, delivery orders or equivalent notices). Each Purchase Order is subject to final acceptance by Supplier and when executed by the parties shall be binding upon Supplier and PGT and shall be deemed to constitute a part of this Agreement as if fully set forth herein, and all terms and conditions of this Agreement shall be deemed to apply to the subject matter of such Purchase Order as if fully set forth therein. b. Consistent with the terms set forth herein, on a continuous basis during the course of the Term of this Agreement, or any portion thereof should termination occur, PGT’s North Venice Plant shall purchase from Supplier, and Supplier shall sell to PGT’s North Venice Plant, quantities of Product that constitute the Required Percentage of PGT's total annual purchaseneeds and requirements all as measured by the total square feet of usage b the North Venice Plant during the Term. The Required Percentage applies to the cumulative total volume in square feet of all of PGT's purchases of the particular glass Products at the North Venice Plant for the Term. c. PGT shall provide detailed instructions for the delivery of the Products (with release schedules, delivery orders, purchase orders or equivalent notices). d. Supplier will either accept or reject every Purchase Order in writing to PGT within two (2) business days. In the event of a contradiction between the terms of this Agreement and a Purchase Order, order confirmation or any other document, the terms and conditions of this Agreement shall prevail. e. Goods shipped in excess of the quantity indicated by purchase order may be returned at the Supplier’s expense. f. For planning purposes, a purchase forecast will be provided by PGT to Supplier, in such detail as may be reasonably requested by Supplier, in which PGT will estimate its annual volume of Product purchases. Except as set forth below in subsection (g), any quantity estimates or purchase forecasts provided by PGT are for Supplier’s planning purposes only and do not constitute an order for material or Products. g. Based on the forecasts, the parties shall agree on a reserve supply of certain Products to be maintained by Supplier at its facilities and be reviewed periodically by the parties. PGT shall purchase Products from such reserve throughout the Term. In the event of obsolescence of a Product, or termination or expiration of this Agreement, PGT shall purchase such agreed reserve supply of Products at the prices for the Products set forth on Schedule B within (3) months of notification from Supplier.

Purchase Terms. Additional purchase terms are set forth on in Schedule D, which is attached hereto and is incorporated herein by reference. a. From time to time during the Term, PGT shall order Products from Supplier pursuant to and in accordance with separate PGT standard purchase orders or other related documentation (collectively, the "“Purchase Orders"”). Such Purchase Orders shall specify quantities of the Product, shipping instructions, delivery date(s), and detailed instructions for the delivery of the Goods (with release schedules, delivery orders or equivalent notices). Each Purchase Order is subject to final acceptance by Supplier and when executed by the parties shall be binding upon Supplier and PGT and shall be deemed to constitute a part of this Agreement as if fully set forth herein, and all terms and conditions of this Agreement shall be deemed to apply to the subject matter of such Purchase Order as if fully set forth therein. b. Consistent with the terms set forth herein, on a continuous basis during the course of the Term of this Agreement, or any portion thereof should termination occur, PGT’s North Venice Plant shall purchase from Supplier, and Supplier shall sell to PGT’s North Venice Plant, quantities of Product that constitute PGT elects to order from Supplier from time to time, and that meet the Required Percentage requirements of PGT's total annual purchaseneeds and requirements all as measured by the total square feet of usage b the North Venice Plant Exhibits A, “CCWF Program Requirement’s, during the Term. The Required Percentage applies to the cumulative total volume in square feet Term of all of PGT's purchases of the particular glass Products at the North Venice Plant for the Termthis Agreement. c. PGT shall provide detailed instructions for the delivery of the Products (with release schedules, delivery orders, purchase orders or equivalent notices). d. Supplier will either accept or reject every Purchase Order in writing to PGT within two (2) business days. In the event of a contradiction between the terms of this Agreement and a Purchase Order, order confirmation or any other document, the terms and conditions of this Agreement shall prevail. e. Goods shipped in excess of the quantity indicated by purchase order may be returned at the Supplier’s expense. f. For planning purposes, a monthly purchase forecast will be provided by PGT to Supplier, in such detail as may be reasonably requested by Supplier, in which PGT will estimate its annual volume of Product purchasespurchases for the following twelve months. Except as set forth below in subsection (g), any quantity estimates or purchase forecasts provided by PGT are for Supplier’s planning purposes only and do not constitute an order for material or Products. g. Based on the forecasts, the parties Parties shall agree on a reserve supply of certain Products to be maintained by Supplier at its facilities and be reviewed periodically by the parties. PGT shall purchase Products from such reserve throughout the Term. In the event of obsolescence of a Product, or termination or expiration of this Agreement, PGT shall purchase the portion of such agreed reserve supply of Products remaining as of that date, at the prices for the Products set forth on Schedule B within (3) months of notification receiving a written request from SupplierSupplier that PGT do so.

Purchase Terms. Additional purchase terms are set forth on Schedule D, which is attached hereto and is incorporated herein by reference. a. From time to time during the Term, PGT shall order Products from Supplier pursuant to and in accordance with separate PGT standard purchase orders or other related documentation (collectively, the "Purchase Orders"). Such Purchase Orders shall specify quantities of the Product, shipping instructions, delivery date(s), and detailed instructions for the delivery of the Goods (with release schedules, delivery orders or equivalent notices). Each Purchase Order is subject to final acceptance by Supplier and when executed by the parties shall be binding upon Supplier and PGT and shall be deemed to constitute a part of this Agreement as if fully set forth herein, and all terms and conditions of this Agreement shall be deemed to apply to the subject matter of such Purchase Order as if fully set forth therein. b. Consistent with the terms set forth herein, on a continuous basis during the course of the Term of this Agreement, or any portion thereof should termination occur, PGT’s North Venice Nokomis Plant shall purchase from Supplier, and Supplier shall sell to PGT’s North Venice Nokomis Plant, quantities of Product that constitute the Required Percentage of PGT's ’s total annual purchaseneeds purchase needs and requirements all as measured by the total square feet of usage b by the North Venice Nokomis Plant during the Term. The Required Percentage applies to the cumulative total volume in square feet of all of PGT's ’s purchases of the particular glass Products at the North Venice Nokomis Plant for the Term. c. PGT shall provide detailed instructions for the delivery of the Products (with release schedules, delivery orders, purchase orders or equivalent notices). d. Supplier will either accept or reject every Purchase Order in writing to PGT within two (2) business days. In the event of a contradiction between the terms of this Agreement and a Purchase Order, order confirmation or any other document, the terms and conditions of this Agreement shall prevail. e. Goods shipped in excess of the quantity indicated by purchase order may be returned at the Supplier’s expense. f. For planning purposes, a purchase forecast will be provided by PGT to Supplier, in such detail as may be reasonably requested by Supplier, in which PGT will estimate its annual volume of Product purchases. Except as set forth below in subsection (g), any quantity estimates or purchase forecasts provided by PGT are for Supplier’s planning purposes only and do not constitute an order for material or Products. g. Based on the forecasts, the parties shall agree on a reserve supply of certain Products to be maintained by Supplier at its facilities and be reviewed periodically by the parties. PGT shall purchase Products from such reserve throughout the Term. In the event of obsolescence of a Product, or termination or expiration of this Agreement, PGT shall purchase such agreed reserve supply of Products at the prices for the Products set forth on Schedule B within (3) months of notification from Supplier.

Purchase Terms. Additional purchase terms are set forth on Schedule D, which is attached hereto and is incorporated herein by reference. a. From time to time during the Term, PGT shall order Products from Supplier pursuant to and in accordance with separate PGT standard purchase orders or other related documentation (collectively, the "Purchase Orders"). Such Purchase Orders shall specify quantities of the Product, shipping instructions, delivery date(s), and detailed instructions for the delivery of the Goods (with release schedules, delivery orders or equivalent notices). Each Purchase Order is subject to final acceptance by Supplier and when executed by the parties shall be binding upon Supplier and PGT and shall be deemed to constitute a part of this Agreement as if fully set forth herein, and all terms and conditions of this Agreement shall be deemed to apply to the subject matter of such Purchase Order as if fully set forth therein. b. Consistent with the terms set forth herein, on a continuous basis during the course of the Term of this Agreement, or any portion thereof should termination occur, PGT’s North Venice Nokomis Plant shall purchase from Supplier, and Supplier shall sell to PGT’s North Venice Nokomis Plant, quantities of Product that constitute the Required Percentage of PGT's ’s total annual purchaseneeds purchase needs and requirements all as measured by the total square feet of usage b the North Venice Plant during the Term. The Required Percentage applies to the cumulative total volume in square feet of all of PGT's purchases of the particular glass Products at the North Venice Plant for the Termrequirements. c. PGT shall provide detailed instructions for the delivery of the Products (with release schedules, delivery orders, purchase orders or equivalent notices). d. Supplier will either accept or reject every Purchase Order in writing to PGT within two (2) business days. In the event of a contradiction between the terms of this Agreement and a Purchase Order, order confirmation or any other document, the terms and conditions of this Agreement shall prevail. e. Goods shipped in excess of the quantity indicated by purchase order may be returned at the Supplier’s expense. f. For planning purposesConsistent with the terms set forth herein, on a continuous basis during the course of the Term of this Agreement, or any portion thereof should termination occur, PGT’s Nokomis Plant shall purchase forecast will be provided by PGT to from Supplier, in such detail as may be reasonably requested by Supplierand Supplier shall sell to PGT’s Nokomis Plant, in which PGT will estimate its annual volume quantities of Product purchases. Except as set forth below in subsection (g), any quantity estimates or that constitute PGT’s total annual purchase forecasts provided by PGT are for Supplier’s planning purposes only needs and do not constitute an order for material or Productsrequirements. g. Based on the forecasts, the parties shall agree on a reserve supply of certain Products to be maintained by Supplier at its facilities and be reviewed periodically by the parties. PGT shall purchase Products from such reserve throughout the Term. In the event of obsolescence of a Product, or termination or expiration of this Agreement, PGT shall purchase such agreed reserve supply of Products at the prices for the Products set forth on Schedule B within (3) months of notification from Supplier.

Purchase Terms. Additional purchase terms are Subject to the satisfaction of the conditions set forth in this Agreement, the parties agree as follows: (a) The aggregate Purchase Price of the shares of Common Stock purchased by the Purchaser with respect to each Settlement Period shall be determined as set forth in Section 6.1(b) herein and shall be settled on Schedule Devery tenth business day during the Pricing Period unless the Purchaser shall deliver written notice to the Company electing a five day settlement interval, in which is attached hereto and is incorporated herein by referencecase settlement shall occur on every fifth business day during the Pricing Period(each such date a "Settlement Date"). a. From time (b) The number of Shares of Common Stock to time during be issued on each Settlement Date shall be a number of shares equal to the Term, PGT shall order Products from Supplier pursuant to and in accordance with separate PGT standard purchase orders or other related documentation (collectively, the "Purchase Orders"). Such Purchase Orders shall specify quantities sum of the Product, shipping instructions, delivery date(squotients (for each Trading Day within the Settlement Period) of (x) 1/60th of the Commitment Amount (or $33,333.33 per day), and detailed instructions (y) the Purchase Price for each Trading Day during such Settlement Period, subject to the following adjustment: (i) if trading of the Common Stock on the Principal Market is suspended for more than three (3) hours, in the aggregate, on any Trading Day during the Settlement Period, the Commitment Amount shall be reduced by 1/60th and that day shall be withdrawn from the Settlement Period, or, at Purchaser's sole option, Purchaser shall purchase the number of Shares to be purchased on such Trading Day at the Purchase Price. (c) The Purchaser shall have the option to purchase more than that portion of the Commitment Amount scheduled to be settled on any particular Trading Day during the Pricing Period (up to a limit of the entire remaining Commitment Amount not yet funded) by written notice to the Company delivered before 6:00 p.m ET on such Trading Day. The purchase price for all of such additional Shares shall be the Purchase Price for the delivery of other Shares to be purchased on such Trading Day. (d) On or before each Settlement Date, the Goods (with release schedules, delivery orders or equivalent notices). Each Purchase Order is subject to final acceptance by Supplier and when executed Shares purchased by the parties Purchaser shall be binding upon Supplier electronically delivered to The Depository Trust Company ("DTC") on the Purchaser's behalf, registered in such names and PGT and in such denominations as the Purchaser shall be deemed to constitute a part of this Agreement as if fully set forth herein, and all terms and conditions of this Agreement shall be deemed to apply to the subject matter of such Purchase Order as if fully set forth therein. b. Consistent with the terms set forth herein, on a continuous basis during the course of the Term of this Agreement, or any portion thereof should termination occur, PGT’s North Venice Plant shall purchase from Supplier, and Supplier shall sell to PGT’s North Venice Plant, quantities of Product that constitute the Required Percentage of PGT's total annual purchaseneeds and requirements all as measured by the total square feet of usage b the North Venice Plant during the Term. The Required Percentage applies to the cumulative total volume in square feet of all of PGT's purchases of the particular glass Products at the North Venice Plant for the Term. c. PGT shall provide detailed instructions for the delivery of the Products (with release schedules, delivery orders, purchase orders or equivalent notices). d. Supplier will either accept or reject every Purchase Order request in writing to PGT within not less than two (2) business daysTrading Days prior to the applicable Settlement Date. In Upon the event Company electronically delivering whole shares of a contradiction between Common Stock to the terms Purchaser or its designees via DWAC by 1:00 pm ET, and satisfaction by the Company of the other conditions in Section 5.2, the Purchaser shall wire transfer immediately available funds to the Company's designated account on such day. Upon the Company electronically delivering whole shares of Common Stock to the Purchaser or its designees via DWAC after 1:00 pm ET, the Purchaser shall wire transfer next day available funds to the Company's designated account on such day. Time shall be of the essence, and delivery at the time and place specified pursuant to this Agreement is a further condition of the obligations of the Company and a Purchase Order, order confirmation or any the Purchaser hereunder. Without limiting Purchaser's other documentremedies, the terms and conditions of this Agreement Company shall prevailreimburse Purchaser for direct losses caused by any "buy-in" due to the Company's failure to timely deliver Shares. e. Goods shipped in excess of the quantity indicated by purchase order may be returned at the Supplier’s expense. f. For planning purposes, a purchase forecast will be provided by PGT to Supplier, in such detail as may be reasonably requested by Supplier, in which PGT will estimate its annual volume of Product purchases. Except as set forth below in subsection (g), any quantity estimates or purchase forecasts provided by PGT are for Supplier’s planning purposes only and do not constitute an order for material or Products. g. Based on the forecasts, the parties shall agree on a reserve supply of certain Products to be maintained by Supplier at its facilities and be reviewed periodically by the parties. PGT shall purchase Products from such reserve throughout the Term. In the event of obsolescence of a Product, or termination or expiration of this Agreement, PGT shall purchase such agreed reserve supply of Products at the prices for the Products set forth on Schedule B within (3) months of notification from Supplier.

Purchase Terms. Additional purchase terms are set forth on Schedule D, which is attached hereto and is incorporated herein by reference. a. From time to time during the Term, PGT shall order Products from Supplier pursuant to and in accordance with separate PGT standard purchase orders or other related documentation (collectively, the "Purchase Orders"). Such Purchase Orders shall specify quantities of the Product, shipping instructions, delivery date(s), and detailed instructions for the delivery of the Goods (with release schedules, delivery orders or equivalent notices). Each Purchase Order is subject to final acceptance by Supplier and when executed by the parties shall be binding upon Supplier and PGT and shall be deemed to constitute a part of this Agreement as if fully set forth herein, and all terms and conditions of this Agreement shall be deemed to apply to the subject matter of such Purchase Order as if fully set forth therein. b. Consistent with the terms set forth herein, on a continuous basis during the course of the Term of this Agreement, or any portion thereof should termination occur, PGT’s North Venice Nokomis Plant shall purchase from Supplier, and Supplier shall sell to PGT’s North Venice Nokomis Plant, quantities of Product that constitute the Required Percentage of PGT's total annual purchaseneeds purchase needs and requirements all as measured by the total square feet of usage b the North Venice Plant during the Term. The Required Percentage applies to the cumulative total volume in square feet of all of PGT's purchases of the particular glass Products at the North Venice Plant for the Termrequirements. c. PGT shall provide detailed instructions for the delivery of the Products (with release schedules, delivery orders, purchase orders or equivalent notices). d. Supplier will either accept or reject every Purchase Order in writing to PGT within two (2) business days. In the event of a contradiction between the terms of this Agreement and a Purchase Order, order confirmation or any other document, the terms and conditions of this Agreement shall prevail. e. Goods shipped in excess of the quantity indicated incicated by purchase order may be returned at the Supplier’s 's expense. f. For planning purposes, a purchase forecast will be provided by PGT to Supplier, in such detail as may be reasonably requested by Supplier, in which PGT will estimate its annual volume of Product purchases. Except as set forth below in subsection (g), any quantity estimates or purchase forecasts provided by PGT are for Supplier’s 's planning purposes only and do not constitute consitute an order for material or Products. g. Based on the forecasts, the parties shall agree on a reserve supply of certain Products to be maintained by Supplier at its facilities and be reviewed periodically by the parties. PGT shall purchase Products from such reserve reserves throughout the Term. In the event of obsolescence of a Product, or termination or expiration of this the Agreement, PGT shall purchase such agreed reserve supply of Products at the prices for the Products set forth on Schedule Section B within (3) months of notification from Supplier.