Common use of Quantity and Delivery Clause in Contracts

Quantity and Delivery. (a) The quantity of milk solids to be supplied to the Company during the Supply Period is specified in Appendix 5. (b) The quantity of milk solids to be supplied by the Supplier to the Company for any Supply Period shall be mutually agreed in good faith by the parties in writing no later than 14 days before the start of that Supply Period and the agreed quantity of milk solids for the Supply Period will be included in a replacement of Appendix 5. (c) The Parties agree that delivery of the agreed quantities of milk solids shall commence on 1 July 2023 and complete delivery on or before 30 June 2026. (d) Supplier agrees that supply of the agreed quantities of milk solids for any supply period shall take place spread over a minimum 300 days lactation period (prorated where applicable) or the average of previous 5 season lactations if less than 300 days. (e) If, for any reason (including such as the Supplier supplying an alternative milk processor), the Supplier considers that it is unable to supply the Company with the agreed quantity of milk solids each month as per Appendix 5, the Supplier must give the Company 30 days written notice of changes in the Supplier's ability to supply the Company with the agreed quantity of milk solids for the month(s). (f) The Company will provide the Supplier with the reports specified in the Manual in respect of quantity and delivery of milk supplied, including relevant volume accuracy assurance. (g) The parties agree to keep all records and audits as required by the Manual in respect of quantity and delivery. (h) The Supplier acknowledges that it has an ongoing obligation to supply the Company on an exclusive basis with the agreed quantity of milk solids each Season during the term of the Agreement (and any extension of the Agreement). During the term of this Agreement, the Supplier agrees to not supply any milk solids to any third party without the Company’s prior written consent. The parties agree that failure to supply the agreed quantity of milk solids under paragraphs (a), (b) and (c) above, or a contravention by the Supplier under this sub-clause (h), is a material breach.

Quantity and Delivery. (a) The quantity of milk solids to be supplied to the Company during the First Supply Period is specified in Appendix 5. (b) The quantity of milk solids to be supplied by the Supplier to the Company for any Subsequent Supply Period shall be mutually agreed in good faith by the parties in writing no later than 14 days before the start of that Subsequent Supply Period and the agreed quantity of milk solids for the Subsequent Supply Period will be included in a replacement of Appendix 5. (c) The Parties agree that delivery of the agreed quantities of milk solids for any supply period shall take place as follows: (i) for the First Supply Period, the Supplier shall commence delivery of the agreed quantities on 1 July 2021 and complete delivery on or before 30 June 2022; (ii) for the First Subsequent Supply Period, the Supplier shall commence delivery of the agreed quantities on 1 July 2022 and complete delivery on or before 30 June 2023; and (iii) for the Second Subsequent Supply Period, the Supplier shall commence delivery of the agreed quantities on 1 July 2023 and complete delivery on or before 30 June 20262024. (d) Supplier agrees that supply of the agreed quantities of milk solids for any supply period shall take place spread over a minimum 300 days lactation period (prorated where applicable) or the average of previous 5 season lactations if less than 300 days. (e) If, for any reason (including such as the Supplier supplying an alternative milk processor), the Supplier considers that it is unable to supply the Company with the agreed quantity of milk solids each month as per Appendix 5, the Supplier must give the Company 30 days written notice of changes in the Supplier's ability to supply the Company with the agreed quantity of milk solids for the month(s). (f) The Company will provide the Supplier with the reports specified in the Manual in respect of quantity and delivery of milk supplied, including relevant volume accuracy assurance. (g) The parties agree to keep all records and audits as required by the Manual in respect of quantity and delivery. (h) The Supplier acknowledges that it has an ongoing obligation to supply the Company on an exclusive basis with the agreed quantity of milk solids each Season during the term of the Agreement (and any extension of the Agreement). During the term of this Agreement, the Supplier agrees to not supply any milk solids to any third party without the Company’s prior written consent. The parties agree that failure to supply the agreed quantity of milk solids under paragraphs (a), (b) and (c) above, or a contravention by the Supplier under this sub-clause (h), is a material breach.

Quantity and Delivery. (a) The quantity of milk solids to be supplied to the Company during the First Supply Period is specified in Appendix 5. (b) The quantity of milk solids to be supplied by the Supplier to the Company for any Subsequent Supply Period shall be mutually agreed in good faith by the parties in writing no later than 14 days before the start of that Subsequent Supply Period and the agreed quantity of milk solids for the Subsequent Supply Period will be included in a replacement of Appendix 5. (c) The Parties agree that delivery of the agreed quantities of milk solids for any supply period shall take place as follows: (i) for the First Supply Period, the Supplier shall commence delivery of the agreed quantities on 1 July 2023 2020 and complete delivery on or before 30 June 20262021; (ii) for the First Subsequent Supply Period, the Supplier shall commence delivery of the agreed quantities on 1 July 2021 and complete delivery on or before 30 June 2022; and (iii) for the Second Subsequent Supply Period, the Supplier shall commence delivery of the agreed quantities on 1 July 2022 and complete delivery on or before 30 June 2023. (d) Supplier agrees that supply of the agreed quantities of milk solids for any supply period shall take place spread over a minimum 300 days lactation period (prorated where applicable) or the average of previous 5 season lactations if less than 300 days. (e) If, for any reason (including such as the Supplier supplying an alternative milk processor), the Supplier considers that it is unable to supply the Company with the agreed quantity of milk solids each month as per Appendix 5, the Supplier must give the Company 30 days written notice of changes in the Supplier's ability to supply the Company with the agreed quantity of milk solids for the month(s). (f) The Company will provide the Supplier with the reports specified in the Manual in respect of quantity and delivery of milk supplied, including relevant volume accuracy assurance. (g) The parties agree to keep all records and audits as required by the Manual in respect of quantity and delivery. (h) The Supplier acknowledges that it has an ongoing obligation to supply the Company on an a non-exclusive basis with the agreed quantity of milk solids each Season during the term of the Agreement (and any extension of the Agreement). During the term of this Agreement, the Supplier agrees to not supply any milk solids to any third party without the Company’s prior written consent. The parties agree that failure to supply the agreed quantity of milk solids under paragraphs (a), (b) and (c) above, or a contravention by the Supplier under this sub-clause (h), above is a material breach.

Quantity and Delivery. (a) The quantity of milk solids to be supplied to the Company during the First Supply Period is specified in Appendix 5. (b) The quantity of milk solids to be supplied by the Supplier to the Company for any Subsequent Supply Period shall be mutually agreed in good faith by the parties in writing no later than 14 days before the start of that Subsequent Supply Period and the agreed quantity of milk solids for the Subsequent Supply Period will be included in a replacement of Appendix 5. (c) The Parties agree that delivery of the agreed quantities of milk solids for any supply period shall take place as follows: (i) for the First Supply Period, the Supplier shall commence delivery of the agreed quantities on 1 July 2021 and complete delivery on or before 30 June 2022; (ii) for the First Subsequent Supply Period, the Supplier shall commence delivery of the agreed quantities on 1 July 2022 and complete delivery on or before 30 June 2023; and (iii) for the Second Subsequent Supply Period, the Supplier shall commence delivery of the agreed quantities on 1 July 2023 and complete delivery on or before 30 June 20262024. (d) Supplier agrees that supply of the agreed quantities of milk solids for any supply period shall take place spread over a minimum 300 days lactation period (prorated where applicable) or the average of previous 5 season lactations if less than 300 days. (e) If, for any reason (including such as the Supplier supplying an alternative milk processor), the Supplier considers that it is unable to supply the Company with the agreed quantity of milk solids each month as per Appendix 5, the Supplier must give the Company 30 days written notice of changes in the Supplier's ability to supply the Company with the agreed quantity of milk solids for the month(s). (f) The Company will provide the Supplier with the reports specified in the Manual in respect of quantity and delivery of milk supplied, including relevant volume accuracy assurance. (g) The parties agree to keep all records and audits as required by the Manual in respect of quantity and delivery. (h) The Supplier acknowledges that it has an ongoing obligation to supply the Company on an a non-exclusive basis with the agreed quantity of milk solids each Season during the term of the Agreement (and any extension of the Agreement). During the term of this Agreement, the Supplier agrees to not supply any milk solids to any third party without the Company’s prior written consent. The parties agree that failure to supply the agreed quantity of milk solids under paragraphs (a), (b) and (c) above, or a contravention by the Supplier under this sub-clause (h), above is a material breach.