Common use of SPECIFICATIONS AND COSTS Clause in Contracts

SPECIFICATIONS AND COSTS. The cardboard boxes, plastics, labels, seals, pallets and any other packing material related to the packing and palletizing process, the fungicide for controlling post-harvest diseases and other materials and raw materials needed for packing the EXPORTED FRUIT must meet the BUYER’S specifications detailed in Annex B hereof. The costs related to the acquisition of such materials will be disbursed exclusively by the SELLER. The paper to produce the cardboard boxes will be provided under the sole risk and responsibility of the BUYER, according to purchase orders from the SELLER. To this effect, the BUYER has designated Xxxxxxxx Fresh North America, L.L.C. under its sole responsibility, to supply the paper in the conditions established in the Paper Supply Agreement signed with the SELLER. If at any time during the period of this Agreement, the paper is not provided for reasons imputable to the BUYER, in sufficient quantities and time required for the SELLER to produce the cardboard boxes needed to pack the shipments of the Basic Volume, the BUYER must pay the corresponding penalty for the boxes that were not packed according to section 4. 3.4.1. hereof, but it will never be more that ten consecutive weeks for a quantity that would substantially affect the Basic Volume, in which case it will be understood that a breach of the FRUIT purchase agreement has occurred. However, if there were disruptions in the supply of paper, the SELLER will put forward it best efforts to mitigate the damage to the BUYER using, if available, another paper it might own to make the cardboard boxes needed with the commitment of the SELLER to proceed to its prompt replacement and if necessary pay the financial cost this might entail.

SPECIFICATIONS AND COSTS. The cardboard boxes, plastics, labels, seals, pallets and any other packing material related to the packing and palletizing process, the fungicide for controlling post-harvest diseases and other materials and raw materials needed for packing the EXPORTED FRUIT must meet the BUYER’S specifications detailed in Annex B hereof. The costs related to the acquisition of such materials will be disbursed exclusively by the SELLER. The paper to produce the cardboard boxes will be provided under the sole risk and responsibility of the BUYER, according to purchase orders from the SELLER. To this effect, the BUYER has designated Xxxxxxxx Cxxxxxxx Fresh North America, L.L.C. under its sole responsibility, to supply the paper in the conditions established in the Paper Supply Agreement signed with the SELLER. If at any time during the period of this Agreement, the paper is not provided for reasons imputable to the BUYER, in sufficient quantities and time required for the SELLER to produce the cardboard boxes needed to pack the shipments of the Basic Volume, the BUYER must pay the corresponding penalty for the boxes that were not packed according to section 4. 3.4.1. hereof, but it will never be more that ten consecutive weeks for a quantity that would substantially affect the Basic Volume, in which case it will be understood that a breach of the FRUIT purchase agreement has occurred. However, if there were disruptions in the supply of paper, the SELLER will put forward it best efforts to mitigate the damage to the BUYER using, if available, another paper it might own to make the cardboard boxes needed with the commitment of the SELLER to proceed to its prompt replacement and if necessary pay the financial cost this might entail.

SPECIFICATIONS AND COSTS. The cardboard boxes, plastics, stamps, labels, seals, pallets and any other packing packaging material related to the packing process of packaging and palletizing processplacing merchandise on pallets, the fungicide for controlling the control of post-harvest diseases and other materials and raw materials needed supplies necessary for packing the EXPORTED FRUIT must packaging of the Fruit That Is Exported shall meet the BUYER’S specifications detailed Buyer’s specifications, which are set forth in Annex Exhibit B hereofto this Agreement. The costs related to the acquisition of such materials will shall be disbursed exclusively by the SELLERexclusive responsibility of the Seller. The paper to produce the cardboard boxes will shall be provided supplied under the sole exclusive risk and responsibility of the BUYERBuyer, according to the Seller’s purchase orders from the SELLERorders. To this effect, the BUYER Buyer has designated designated, under its exclusive responsibility, Xxxxxxxx Fresh North America, L.L.C. as the supplier of this paper, under its sole responsibility, to supply the paper in the conditions established agreed upon in the Paper Supply Agreement signed with by and between it and the SELLERSeller. If In case that at any time moment during the period term of this Agreementcontract, the paper is not provided for reasons imputable supplied due to causes attributable to the BUYERBuyer, in sufficient quantities amounts and in the time required for the SELLER Seller to produce the cardboard boxes needed necessary to pack the shipments of the Basic Volume, the BUYER must Buyer shall pay the penalty corresponding penalty for the to boxes that were not packed according to section 4. 3.4.1. hereofleft unpacked in conformity with Section 4.3.4.1 of this agreement, but it will never be more in excess of 10 continuous weeks in an amount that ten consecutive weeks for a quantity that would substantially affect affects the Basic Volume, in which case it will be understood that a breach of this agreement for the FRUIT purchase agreement has occurredof Fruit shall be understood to exist. HoweverNotwithstanding, if the Seller, in case there were disruptions shall be interruptions in the supply of paper, the SELLER will put forward it shall use its best efforts to mitigate the damage to the BUYER usingBuyer using its own supply of paper, if to the extent this paper is available, another paper it might own to make manufacture the cardboard boxes needed necessary, with the commitment of Seller’s promise to replace promptly the SELLER paper used and, if required, to proceed to its prompt replacement and if necessary pay the financial any cost this might entailcould implicate.