Pro-Fac definition
Examples of Pro-Fac in a sentence
This Agreement may not be assigned by Pro-Fac without the prior written consent of Agrilink, and any attempted assignment without such consent shall be void.
Pro-Fac agrees that its members have not used and will not use any pesticide or other product in violation of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended, or the Food Quality Protection Act, as amended, in connection with planting, growing, harvesting or delivering any Raw Products.
Pro-Fac hereby represents that it will make all commercially reasonable efforts to become, and to continue to be during the term of this Agreement, a licensed farm product dealer with the New York State Department of Agriculture and Markets.
Pro-Fac agrees that all of the crops delivered pursuant to this Agreement will be produced and delivered in compliance with all applicable standards of the Fair Labor Standards Act, as amended.
Pro-Fac shall make payment of Commercial Market Value to its members pursuant to the applicable annual crop agreements in accordance with Section 1(d) of the General Marketing Agreement between Pro-Fac and each such member.
Such delegation of power and authority shall include the authority to perform any such function under any applicable agreement, document, or instrument between Pro-Fac and any member or otherwise governing their relationship as suppliers of Raw Product (but not their relationship as members of Pro-Fac), and Pro-Fac shall assist and cooperate with Agrilink in carrying out the agricultural management functions contemplated by this Paragraph 5.
The preparation and implementation of the Preseason Materials will be subject to the following process which, to the extent not specifically addressed otherwise in this Paragraph 7, shall be consistent with past custom and practice of Agrilink and Pro-Fac.
Agrilink shall deliver periodically to Pro-Fac a schedule setting forth the Agrilink Reimbursable Expenses to which Agrilink believes it is entitled.
To the extent that such redress involves an offset against or reduction of the amount payable by Pro-Fac to any member, then such amount will be treated as an Agrilink Reimbursable Expense hereunder.
Pro-Fac hereby represents and warrants (i) that it is a merchant with respect to the Raw Products sold and delivered to Agrilink, and (ii) that the Pro-Fac members are merchants with respect to the Raw Products delivered to Agrilink pursuant to this Agreement.