Common use of Pricing Generally Clause in Contracts

Pricing Generally. i. Products Other than Co-pack Products. Buyer shall pay to Seller, for each Product (other than Co-pack Products) which Buyer orders hereunder, the price for such Product as specified and further described in Exhibit A hereto. All prices set forth in Exhibit A are delivered prices. If the parties elect FOB plant pricing instead of delivered pricing, any applicable price set forth on Exhibit A shall be reduced by an amount mutually agreed upon in writing by the parties. To the extent that the invoice price at which Buyer sells a Product (other than a Co-pack Product) to a Buyer customer exceeds the price at which Buyer purchased such Product from Seller hereunder (the “Cost”), then Buyer shall remit to Seller with respect to each such Product (other than a Co-pack Product) a net amount equal to (i) the total amount collected by Buyer from such customer for such Product, minus (ii) the Cost for such Product, minus (iii) Buyer’s cost to administer such sale, which shall include trade, broker commissions, resupply costs and distribution costs, as applicable. Prior to the first delivery of any Products not listed on Exhibit A, the parties will mutually agree in writing upon the price applicable thereto; provided, that pricing for any such new Products shall be subject to the same pricing protocols and components as existing Products unless mutually agreed in writing between the parties.