Common use of Discontinued Product Clause in Contracts

Discontinued Product. Any provision of this Section 4 to the contrary notwithstanding, if Buyer discontinues any Product Code, Buyer shall purchase, or cause to be purchased, Supplier's entire inventory of such discontinued manufactured Product and any ingredients and packaging made obsolete by the discontinuation of such a Product Code, all at Supplier's actual cost; provided, however, that Buyer shall not be obligated to purchase such obsolete inventories or ingredients or packaging in excess of twenty-five percent (25%) of the volume of such ingredients or packaging which has been consumed or used by Supplier in manufacturing such discontinued Product Code during the twelve (12) months immediately preceding its discontinuance. The foregoing notwithstanding, if Supplier has purchased or committed to purchase (at the direction of or with the mutual agreement of Buyer) packaging in quantities greater than the foregoing twenty-five percent (25%) annual limit, Buyer shall purchase all such good and useable packaging which is unique to Buyer's Product and not otherwise useable by Supplier.