Produce in relation to wholly obtained goods, means to grow, mine, harvest, fish, hunt, gather, trap, capture, farm, cultivate or otherwise obtain wholly obtained goods;
Produce. The Base Price for produce (except for produce with a manufacturer’s list price) will be an amount equal to * * *. Base Price for produce Merchandise will * * *, which shall be collected by BWD directly from the vendors in accordance with Section 3.12 hereof. C&S shall comply with the produce purchasing standards as set forth on Schedule 3.1(c). * * * will keep all distributor vendor accruals including, but not limited to, those set forth on Schedule 3.1(c). C&S and BWD each agree that neither Party shall impede the other Party’s ability to collect vendor accruals. * * *. The * * * calculation is run at scheduled times during the day for each Facility carrying produce and will incorporate all inventory and receivings in such Facility at the time of such calculations. Notwithstanding the foregoing, the Base Price for produce with a manufacturer’s list price shall be as set forth in Section 3.1(a). In addition to the applicable BWD Upcharges, BWD will pay C&S, in accordance with Section 4 of this Agreement, a * * *. The Parties agree that BWD * * *.
Produce. With respect to produce Merchandise, the parties agree to observe Penn Traffic's product specifications delivered by Penn Traffic to C&S as of January 29, 2008 (the "Specifications"), except as expressly set forth herein, and the Perishable Agricultural Commodities Act guidelines ("PACA Guidelines"). Penn Traffic may update the Specifications from time to time, subject to C&S's reasonable approval, and so long as any changes to the Specifications are provided to C&S in writing with reasonable advance notice, so C&S has adequate time to order produce Merchandise under the new Specifications. If the Penn Traffic inspector properly rejects produce Merchandise at the time of its inbound receiving, due to a documented failure to conform to the Specifications or PACA Guidelines (verified by an FDA or USDA inspection, if requested by C&S), C&S agrees to assume full responsibility for the applicable Merchandise. [*] If the Penn Traffic inspector rejects the produce Merchandise at any time after such Merchandise has been received, Penn Traffic agrees to assume full responsibility for such Merchandise. C&S agrees to use its good faith efforts to work with the vendor to pick up the product or otherwise minimize Penn Traffic's damages, but in no event shall C&S be held financially liable for any produce Merchandise rejected after receiving. Penn Traffic is responsible for all costs associated with FDA or USDA inspections, which C&S may require as necessary. Notwithstanding anything to the contrary set forth herein, if C&S procures produce Merchandise in a terminal or open market buy in order to meet Penn Traffic's needs (except where C&S procures such produce in order to replace produce rejected by Penn Traffic pursuant to this Section 3.6(a)), Penn Traffic agrees that any such Merchandise is not required to conform to its Specifications, and Penn Traffic agrees to accept any such Merchandise and to assume full responsibility for such Merchandise. The parties agree that terminal or open market buys are not to be used as the primary mechanism for procuring produce Merchandise, and should be used only in certain instances as determined by C&S in its reasonable discretion, including, but not limited to, a fluctuation in Penn Traffic's volume. C&S agrees to inform Penn Traffic of any terminal or open market buy in advance, unless doing so is not reasonably practicable, in which case, C&S will inform Penn Traffic as soon as reasonably practicable.* Material omitted and fil...
Produce includes Commercial Feeds, Fertilizers, Herbicides and Pesticides, Milk and Unfertilized Eggs, and anything that is an agricultural product of the soil, excluding seed, Commercial Fertilizers, Herbicides and Pesticides held for resale unless specifically insured, tobacco, lumber and unharvested crops. Produce also includes unharvested grain against loss or damage by fire only provided the insurance carried on this item is not less than $30.00 per acre of the land farmed by you.
Produce or "PRODUCTION" shall mean BAXTER's filling and inspecting of the Drug Product Intermediate in unlabeled vials, reviewing the Released Executed Batch Record (including without limitation reviewing the irradiation documentation following the irradiation of the Drug Product Intermediate) and testing of the resulting Product, all in accordance with the Product Master Plan and the Project Plan. Details of the Production process shall be included in the Master Batch Record.