Status quo. During any dispute resolution process, the pre-dispute status quo will continue. Accordingly: (1) each Party will comply with its obligations, and may exercise its rights under the Agreement; and (2) the fact that a Party ceases to do anything following the start of a dispute will not be taken to be an admission by that Party that it had breached, or had been in breach of, this Agreement. By signing this Acceptance Form and returning it to us, you agree to and accept the terms and conditions set out in the Agreement to which this Form is attached. Please indicate your preference for receiving the Commitment Bonus by ticking the preferred option below: - Commitment Bonus received at the end of the season (i.e., 13.33c/KgMS paid on or before the 15th of July in the immediately following Year) Commitment Bonus received as a 13.33c/KgMS pre-payment in advance for the 1-year term* Please estimate your Total Milk Solids (total kg of Fat + total kg of Protein) for FY22 - KgMS * Reconciliation of actual FY22 milk solids vs estimated FY22 milk solids for pre-payment of the Commitment Bonus will be completed at the end of the FY22 season at which time there will be a payment adjustment made based on the actual Milk solids provided to us at the Commitment Bonus rate (13.33c/KgMS). This reconciliation will be completed at the end of the Agreement to ensure payment is received for actual solids produced over the term of the Agreement. Signed by, or by its authorised representative for and on behalf of, the Supplier. If signed by authorised representative, you the representative represent and warrant that you have full authority to sign this document on behalf of the Supplier and have no notice of revocation of your authority. Name Signature Position held Date Please return this signed acceptance either by email to xxxxxxxxxx@xxxxxxxxxx.xxx.xx or via text message (photo) to your Milk Supply Officer. 1:1 Payment Ratio 1:2 Payment Ratio APS payment system BPS payment system FPS payment system Signed by, or by its authorised representative for and on behalf of, the Supplier. If signed by an authorised representative, you the representative represent and warrant that you have full authority to sign this document on behalf of the Supplier and have no notice of revocation of your authority. Name Signature Position held Date Please return this copy either by email to xxxxxxxxxx@xxxxxxxxxx.xxx.xx or via text message (photo) to your Milk Supply Officer.
Appears in 2 contracts
Samples: Exclusive Milk Supply Agreement, Exclusive Milk Supply Agreement
Status quo. During any dispute resolution process, the pre-dispute status quo will continue. Accordingly:
(1) each Party will comply with its obligations, and may exercise its rights under the Agreement; and
(2) the fact that a Party ceases to do anything following the start of a dispute will not be taken to be an admission by that Party that it had breached, or had been in breach of, this Agreement. By signing this Acceptance Form and returning it to us, you agree to and accept the terms and conditions set out in the Agreement to which this Form is attached. Please indicate your preference for receiving the Commitment Bonus by ticking the preferred option below: - Commitment Bonus received at the end of the season (i.e., 13.33cie. 16.67c/KgMS paid on or before the 15th of July August in the immediately following Year) Commitment Bonus received as a 13.33c50c/KgMS pre-payment in advance for the 1-3 year term* Please estimate your Total Milk Solids (total kg of Fat + total kg of Protein) for FY22 FY21 - KgMS * Reconciliation of actual FY22 FY21 milk solids vs estimated FY22 FY21 milk solids for pre-payment of the Commitment Bonus will be completed at the end of the FY22 FY21 season at which time there will be a payment adjustment made based on the actual Milk solids provided to us at the Commitment Bonus rate (13.33c16.67c/KgMS). This reconciliation will be completed at the end of each of the 3 years of the Agreement to ensure payment is received for actual solids produced over the term of the Agreement. Signed by, or by its authorised representative for and on behalf of, the Supplier. If signed by authorised representative, you the representative represent and warrant that you have full authority to sign this document on behalf of the Supplier and have no notice of revocation of your authority. Signature Name Signature Position held Date Please return Signature Name Position held Date
1.1 Without limitation, Good Faith applies in relation to the following:
1.1.1 negotiating and entering into this signed acceptance either by email to xxxxxxxxxx@xxxxxxxxxx.xxx.xx Agreement;
1.1.2 exercising rights, or via text message (photo) to your Milk Supply Officerperforming obligations, under this Agreement;
1.1.3 dealing with or resolving complaints or disputes arising under or in connection with this Agreement; and
1.1.4 varying or terminating this Agreement.
1:1 Payment Ratio 1:2 Payment Ratio APS payment system BPS payment system FPS payment system Signed by1.2 Without limitation, in determining whether the Processor or Xxxxxx (first party) has acted in Good Faith in dealing with the Processor or Xxxxxx (other party), the following may be taken into account:
1.2.1 whether the first party has acted honestly;
1.2.2 whether the first party has tried to cooperate with the other party to achieve the purposes of this Agreement;
1.2.3 whether the first party has not acted arbitrarily, capriciously, unreasonably, recklessly or with ulterior motives;
1.2.4 whether the first party has not acted in a way that constitutes retribution against the other party for past complaints and disputes;
1.2.5 whether the first party’s relationship with the other party has been conducted without duress;
1.2.6 whether the first party’s relationship with the other party has been conducted in recognition of the need for certainty regarding the risks and costs of supplying or purchasing Milk;
1.2.7 whether the first party has undermined, or by its authorised representative for and on behalf ofdenied the other party, a benefit of this Agreement;
1.2.8 whether the first party has observed any confidentiality requirements relating to information disclosed or obtained in dealing with or resolving a complaint or dispute with the other party; and
1.2.9 whether, in dealing with the first party, the Supplier. If signed by an authorised representative, you the representative represent and warrant that you have full authority to sign this document on behalf of the Supplier and have no notice of revocation of your authority. Name Signature Position held Date Please return this copy either by email to xxxxxxxxxx@xxxxxxxxxx.xxx.xx or via text message (photo) to your Milk Supply Officerother party has acted in good faith.
Appears in 1 contract
Samples: Exclusive Milk Supply Agreement
Status quo. During any dispute resolution process, the pre-dispute status quo will continue. Accordingly:
(1) each Party will comply with its obligations, and may exercise its rights under the Agreement; and
(2) the fact that a Party ceases to do anything following the start of a dispute will not be taken to be an admission by that Party that it had breached, or had been in breach of, this Agreement. Start Date: 1 July 2021, End Date: 30 June 2024 By signing this Acceptance Form and returning it to us, you agree to and accept the terms and conditions set out in the Agreement to which this Form is attached. Please indicate your preference for receiving the Commitment Bonus by ticking the preferred option below: - Commitment Bonus received at the end of the season (i.e., 13.33c16.67c/KgMS paid on or before the 15th of July in the immediately following Year) Commitment Bonus received at the start of the season (i.e., 16.67c/KgMS paid on or before the 15th of August in each year of the term) * Commitment Bonus received as a 13.33c50c/KgMS pre-payment in advance for the 13-year term* Please estimate your Total Milk Solids (total kg of Fat + total kg of Protein) for FY22 - KgMS * Reconciliation of actual FY22 milk solids vs estimated FY22 milk solids for pre-payment of the Commitment Bonus will be completed at the end of the FY22 season at which time there will be a payment adjustment made based on the actual Milk solids provided to us at the Commitment Bonus rate (13.33c16.67c/KgMS). This reconciliation will be completed at the end of each of the 3 years of the Agreement to ensure payment is received for actual solids produced over the term of the Agreement. Signed by, or by its authorised representative for and on behalf of, the Supplier. If signed by authorised representative, you the representative represent and warrant that you have full authority to sign this document on behalf of the Supplier and have no notice of revocation of your authority. Name Signature Position held Date Please return this signed acceptance either by email to xxxxxxxxxx@xxxxxxxxxx.xxx.xx or via text message (photo) to your Milk Supply Officer.Date
1:1 Payment Ratio 1:2 Payment Ratio APS payment system BPS payment system FPS payment system Signed by, or by its authorised representative for and on behalf of, the Supplier. If signed by an authorised representative, you the representative represent and warrant that you have full authority to sign this document on behalf of the Supplier and have no notice of revocation of your authority. Name Signature Position held Date Please return Date
1:1 Payment Ratio 1:2 Payment Ratio APS payment system BPS payment system FPS payment system Signed by, or by its authorised representative for and on behalf of, the Supplier. If signed by an authorised representative, you the representative represent and warrant that you have full authority to sign this copy either by email document on behalf of the Supplier and have no notice of revocation of your authority. Name Signature Position held Date
1.1 Without limitation, Good Faith applies in relation to xxxxxxxxxx@xxxxxxxxxx.xxx.xx the following:
1.1.1 negotiating and entering into this Agreement.
1.1.2 exercising rights, or via text message performing obligations, under this Agreement.
1.1.3 dealing with or resolving complaints or disputes arising under or in connection with this Agreement; and
1.1.4 varying or terminating this Agreement.
1.2 Without limitation, in determining whether the Processor or Xxxxxx (photofirst party) has acted in Good Faith in dealing with the Processor or Xxxxxx (other party), the following may be taken into account:
1.2.1 whether the first party has acted honestly.
1.2.2 whether the first party has tried to your Milk Supply Officercooperate with the other party to achieve the purposes of this Agreement.
1.2.3 whether the first party has not acted arbitrarily, capriciously, unreasonably, recklessly or with ulterior motives.
1.2.4 whether the first party has not acted in a way that constitutes retribution against the other party for past complaints and disputes.
1.2.5 whether the first party’s relationship with the other party has been conducted without duress.
1.2.6 whether the first party’s relationship with the other party has been conducted in recognition of the need for certainty regarding the risks and costs of supplying or purchasing Milk.
1.2.7 whether the first party has undermined, or denied the other party, a benefit of this Agreement.
1.2.8 whether the first party has observed any confidentiality requirements relating to information disclosed or obtained in dealing with or resolving a complaint or dispute with the other party; and
1.2.9 whether, in dealing with the first party, the other party has acted in good faith.
Appears in 1 contract
Samples: Exclusive Milk Supply Agreement
Status quo. During any dispute resolution process, the pre-dispute status quo will continue. Accordingly:
(1) each Party will comply with its obligations, and may exercise its rights under the Agreement; and
(2) the fact that a Party ceases to do anything following the start of a dispute will not be taken to be an admission by that Party that it had breached, or had been in breach of, this Agreement. By signing this Acceptance Form and returning it to us, you agree to and accept the terms and conditions set out in the Agreement to which this Form is attached. Please indicate your preference for receiving the Commitment Bonus by ticking the preferred option below: - Commitment Bonus received at the end of the season (i.e., ie. 13.33c/KgMS paid on or before the 15th of July August in the immediately following Year) Commitment Bonus received as a 13.33c/KgMS pre-payment in advance for the 1-1 year term* Please estimate your Total Milk Solids (total kg of Fat + total kg of Protein) for FY22 FY21 - KgMS * Reconciliation of actual FY22 FY21 milk solids vs estimated FY22 FY21 milk solids for pre-payment of the Commitment Bonus will be completed at the end of the FY22 FY21 season at which time there will be a payment adjustment made based on the actual Milk solids provided to us at the Commitment Bonus rate (13.33c/KgMS). This reconciliation will be completed at the end of the Agreement to ensure payment is received for actual solids produced over the term of the Agreement. Signed by, or by its authorised representative for and on behalf of, the Supplier. If signed by authorised representative, you the representative represent and warrant that you have full authority to sign this document on behalf of the Supplier and have no notice of revocation of your authority. Signature Name Signature Position held Date Please return Signature Name Position held Date
1.1 Without limitation, Good Faith applies in relation to the following:
1.1.1 negotiating and entering into this signed acceptance either by email to xxxxxxxxxx@xxxxxxxxxx.xxx.xx Agreement;
1.1.2 exercising rights, or via text message (photo) to your Milk Supply Officerperforming obligations, under this Agreement;
1.1.3 dealing with or resolving complaints or disputes arising under or in connection with this Agreement; and
1.1.4 varying or terminating this Agreement.
1:1 Payment Ratio 1:2 Payment Ratio APS payment system BPS payment system FPS payment system Signed by1.2 Without limitation, in determining whether the Processor or Xxxxxx (first party) has acted in Good Faith in dealing with the Processor or Xxxxxx (other party), the following may be taken into account:
1.2.1 whether the first party has acted honestly;
1.2.2 whether the first party has tried to cooperate with the other party to achieve the purposes of this Agreement;
1.2.3 whether the first party has not acted arbitrarily, capriciously, unreasonably, recklessly or with ulterior motives;
1.2.4 whether the first party has not acted in a way that constitutes retribution against the other party for past complaints and disputes;
1.2.5 whether the first party’s relationship with the other party has been conducted without duress;
1.2.6 whether the first party’s relationship with the other party has been conducted in recognition of the need for certainty regarding the risks and costs of supplying or purchasing Milk;
1.2.7 whether the first party has undermined, or by its authorised representative for and on behalf ofdenied the other party, a benefit of this Agreement;
1.2.8 whether the first party has observed any confidentiality requirements relating to information disclosed or obtained in dealing with or resolving a complaint or dispute with the other party; and
1.2.9 whether, in dealing with the first party, the Supplier. If signed by an authorised representative, you the representative represent and warrant that you have full authority to sign this document on behalf of the Supplier and have no notice of revocation of your authority. Name Signature Position held Date Please return this copy either by email to xxxxxxxxxx@xxxxxxxxxx.xxx.xx or via text message (photo) to your Milk Supply Officerother party has acted in good faith.
Appears in 1 contract
Samples: Exclusive Milk Supply Agreement
Status quo. During any dispute resolution process, the pre-dispute status quo will continue. Accordingly:
(1) each Party will comply with its obligations, and may exercise its rights under the Agreement; and
(2) the fact that a Party ceases to do anything following the start of a dispute will not be taken to be an admission by that Party that it had breached, or had been in breach of, this Agreement. Start Date: 1 July 2021, End Date: 30 June 2024 By signing this Acceptance Form and returning it to us, you agree to and accept the terms and conditions set out in the Agreement to which this Form is attached. Please indicate your preference for receiving the Commitment Bonus by ticking the preferred option below: - Commitment Bonus received at the end of the season (i.e., 13.33c16.67c/KgMS paid on or before the 15th of July in the immediately following Year) Commitment Bonus received at the start of the season (i.e., 16.67c/KgMS paid on or before the 15th of August in each year of the term) * Commitment Bonus received as a 13.33c50c/KgMS pre-payment in advance for the 13-year term* Please estimate your Total Milk Solids (total kg of Fat + total kg of Protein) for FY22 - KgMS * Reconciliation of actual FY22 milk solids vs estimated FY22 milk solids for pre-payment of the Commitment Bonus will be completed at the end of the FY22 season at which time there will be a payment adjustment made based on the actual Milk solids provided to us at the Commitment Bonus rate (13.33c16.67c/KgMS). This reconciliation will be completed at the end of each of the 3 years of the Agreement to ensure payment is received for actual solids produced over the term of the Agreement. Signed by, or by its authorised representative for and on behalf of, the Supplier. If signed by authorised representative, you the representative represent and warrant that you have full authority to sign this document on behalf of the Supplier and have no notice of revocation of your authority. Name Signature Position held Date Please return this signed acceptance either by email to xxxxxxxxxx@xxxxxxxxxx.xxx.xx or via text message (photo) to your Milk Supply Officer.
1:1 Payment Ratio 1:2 Payment Ratio APS payment system BPS payment system FPS payment system Signed by, or by its authorised representative for and on behalf of, the Supplier. If signed by an authorised representative, you the representative represent and warrant that you have full authority to sign this document on behalf of the Supplier and have no notice of revocation of your authority. Name Signature Position held Date Please return this copy either by email to xxxxxxxxxx@xxxxxxxxxx.xxx.xx or via text message (photo) to your Milk Supply Officer.
1:1 Payment Ratio 1:2 Payment Ratio APS payment system BPS payment system FPS payment system Signed by, or by its authorised representative for and on behalf of, the Supplier. If signed by an authorised representative, you the representative represent and warrant that you have full authority to sign this document on behalf of the Supplier and have no notice of revocation of your authority. Name Signature Position held Date
1.1 Without limitation, Good Faith applies in relation to the following:
1.1.1 negotiating and entering into this Agreement.
1.1.2 exercising rights, or performing obligations, under this Agreement.
1.1.3 dealing with or resolving complaints or disputes arising under or in connection with this Agreement; and
1.1.4 varying or terminating this Agreement.
1.2 Without limitation, in determining whether the Processor or Xxxxxx (first party) has acted in Good Faith in dealing with the Processor or Xxxxxx (other party), the following may be taken into account:
1.2.1 whether the first party has acted honestly.
1.2.2 whether the first party has tried to cooperate with the other party to achieve the purposes of this Agreement.
1.2.3 whether the first party has not acted arbitrarily, capriciously, unreasonably, recklessly or with ulterior motives.
1.2.4 whether the first party has not acted in a way that constitutes retribution against the other party for past complaints and disputes.
1.2.5 whether the first party’s relationship with the other party has been conducted without duress.
1.2.6 whether the first party’s relationship with the other party has been conducted in recognition of the need for certainty regarding the risks and costs of supplying or purchasing Milk.
1.2.7 whether the first party has undermined, or denied the other party, a benefit of this Agreement.
1.2.8 whether the first party has observed any confidentiality requirements relating to information disclosed or obtained in dealing with or resolving a complaint or dispute with the other party; and
1.2.9 whether, in dealing with the first party, the other party has acted in good faith.
Appears in 1 contract
Samples: Exclusive Milk Supply Agreement
