Raw Product Plan Clause Samples

Raw Product Plan. (a) The quality, quantity and variety of Raw Products required by Agrilink, the specific facilities for which they are required and the timing of their delivery shall be as established in an annual Raw Product Plan (the "Raw Product Plan"). The Raw Product Plan shall be based on the condition and needs of Agrilink's business, as determined by Agrilink in its sole discretion. The 2002 Raw Product Plan is indicative of the matters addressed in, and format and detail of, future Raw Product Plans. The Raw Product Plan will be prepared by Agrilink, in a manner that is substantially consistent with the past custom and practice of Agrilink and Pro-Fac and this Agreement, with such modifications as Agrilink shall deem appropriate in the future in order to accommodate its business. Pro-Fac agrees that, as requested by Agrilink, it will provide to Agrilink, in a commercially timely manner, to the extent available to Pro-Fac on a non-confidential basis, any and all information regarding Pro-Fac and the Pro-Fac members that Agrilink requests in connection with the preparation of the Raw Product Plan and to which Agrilink does not otherwise have direct access in connection with its performance of the provisions of this Agreement (including, without limitation, the crop commitments of each member, each member's capability to produce its commitment (or amounts less than or exceeding its commitment), each member's past production performance and information regarding its member's financial and business condition, including any liens, judgments or defaults under any financial instruments or any other material condition that reasonably could be considered relevant to such member's ability to deliver crops pursuant to this Agreement and related agreements). Pro-Fac agrees that it will cooperate and consult with Agrilink and use good faith efforts to assist Agrilink in the preparation of each Raw Product Plan so that Agrilink can complete the Raw Product Plans in a timely fashion. (b) Following its preparation of the Raw Product Plan for a particular growing season, Agrilink shall deliver to Pro-Fac its proposed Raw Product Plan no later than January 31 of the year for which the Raw Product Plan will be effective. The Raw Product Plan shall set forth, among other things, the types of crops, the amount of each crop by acreage or tonnage, the specific Pro-Fac members from whom such crops will be acquired, and the specific facilities to which such crops shall be delivered. The R...
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Raw Product Plan. (a) The quality, quantity and variety of Raw Products required by Agrilink, the specific facilities for which they are required and the timing of their delivery shall be as established in an annual Raw Product Plan (the "Raw Product Plan"). The Raw Product Plan shall be based on the condition and needs of Agrilink's business, as determined by Agrilink in its
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