Common use of Shortage of Recycled Bottles Clause in Contracts

Shortage of Recycled Bottles. Should The Lion at any time become unable to supply at least 70% of Xxxx’x requirements of xxxxx xxxxx using recycled bottles (calculated each month by reference to the past 12 months rolling monthly average), and such shortage in and of itself has a material adverse effect on Xxxx’x, The Lion shall notify Xxxx’x and Xxxx’x shall have the right by written notice to require The Lion to renegotiate the Base Co-packing Fee (as defined in Exhibit “B”). Should the Parties, after negotiating over a period of ninety (90) days in good faith, be unable to agree as to the revised Base Co-packing Fee, Xxxx’x may terminate this Agreement upon a further ninety (90) days’ written notice to The Lion, without further liability to each party other than obligations theretofore accrued.