Common use of Purchase and Sale of Products Clause in Contracts

Purchase and Sale of Products. In order to facilitate this preferred supplier/purchaser relationship and subject to the terms and conditions set forth herein, PC and the PC Operating Companies agree to sell to CAGCO and the CAGCO Operating Companies, and CAGCO and the CAGCO Operating Companies agree to purchase, those fresh beef and pork products which have historically been provided by Swift Beef Company and Swift Pork Company to CAGCO and the CAGCO Operating Companies (collectively, the "Products") in amounts substantially similar to the volume of Products purchased by CAGCO and the CAGCO Operating Companies during the 12 month period prior to the date of this Agreement (subject to changes in product mix, product reformulation, etc.) or in such greater or smaller volumes as the parties may mutually agree upon from time to time. CAGCO and PC agree that CAGCO will offer PC and the PC Operating Companies the opportunity to provide CAGCO and the CAGCO Operating Companies (including operating companies formed or acquired after the date hereof that require Products, subject to compliance with such companies' supply agreements or arrangements) additional fresh beef and pork products that they may require as a result of changes in product mix and product reformulations, other than proprietary or other products brought to CAGCO or the CAGCO Operating Companies by any third party for the development and/or manufacture of new products. On a quarterly basis during the term of this Agreement, CAGCO and those CAGCO Operating Companies requiring a supply of Products for the next immediately succeeding three (3) month period ("Production Period") will notify PC or the applicable PC Operating Company of CAGCO's and/or such CAGCO Operating Companies' good faith estimate of anticipated purchases of Products, including the type of Products, quantities, specifications, delivery requirements and other relevant information for the upcoming Production Period and shall offer PC or the applicable PC Operating Company the right to provide such Products to CAGCO on the terms and conditions set forth herein. Based on this information, PC or the applicable PC Operating Company will notify CAGCO within ten (10) days (or such other period of time as to which the parties may mutually agree) which Products it desires to supply. Within ten (10) days (or such other period as to which the parties may mutually agree) after such notice from PC or the applicable PC Operating Company, PC and CAGCO and/or those CAGCO Operating Companies for which PC or the applicable PC Operating Company agreed to produce the Products during the upcoming Production Period will meet to develop firm orders for the Products for the upcoming Production Period. To maintain this preferred supplier status, PC and the PC Operating Companies shall meet CAGCO's and the CAGCO Operating Companies' specifications, quantity, delivery and service requirements.

Purchase and Sale of Products. In order to facilitate this preferred supplier/purchaser relationship relationship, and subject to the terms and conditions set forth herein, PC Pilgrim's and the PC Pilgrim Operating Companies agree to shall sell to CAGCO ConAgra and the CAGCO ConAgra Operating Companies, and CAGCO ConAgra and the CAGCO ConAgra Operating Companies agree to shall purchase, those fresh beef and pork chicken products which have historically been provided by Swift Beef Company and Swift Pork Company to CAGCO meeting ConAgra's and the CAGCO ConAgra Operating Companies Companies' quality and service standards (collectively, the "Products") in amounts substantially similar to the volume of Products purchased by CAGCO ConAgra and the CAGCO ConAgra Operating Companies during the 12 twelve (12) month period prior to the date of this Agreement (subject to changes in product mix, product reformulation, market conditions, etc.) ), or in such greater or smaller volumes as the parties may mutually agree upon from time to time. CAGCO and PC The parties agree that CAGCO ConAgra will offer PC Pilgrim's and the PC Pilgrim Operating Companies the first opportunity to provide CAGCO ConAgra and the CAGCO ConAgra Operating Companies (including operating companies formed or acquired after the date hereof that require Products, subject to compliance by companies formed or acquired after the date hereof with such companies' supply agreements or arrangementsarrangements existing prior to, and not established in contemplation of such companies' acquisition) additional fresh beef and pork products Products that they any of them may require as a result of changes in product mix and product reformulations, other than proprietary or other products brought to CAGCO ConAgra or the CAGCO ConAgra Operating Companies by any third party for the development and/or manufacture of new products. On a quarterly basis At least three (3) days prior to the start of each period of time mutually agreed to by the parties during the term of this Agreement, CAGCO Pilgrim's will contact ConAgra and those CAGCO ConAgra Operating Companies requiring a supply of Products for the next immediately succeeding three (3) month mutually agreed to production period ("Production Period") will notify PC or the applicable PC Operating Company of CAGCOto obtain ConAgra's and/or such CAGCO ConAgra Operating Companies' good faith estimate of anticipated purchases of Products, including . Included in the information to be provided by ConAgra and/or the ConAgra Operating Companies will be the type of Products, quantities, specifications, estimated delivery requirements and other relevant information for the upcoming Production Period and ConAgra and/or the ConAgra Operating Companies shall offer PC or Pilgrim's and the applicable PC Pilgrim Operating Company Companies the right to provide such Products to CAGCO ConAgra on the terms and conditions set forth herein. Based on this information, PC Pilgrim's or the applicable PC Pilgrim Operating Company will notify CAGCO ConAgra within ten three (103) days thereafter (or such other period of time as to which the parties may mutually agree) which Products it desires to supply. Within ten three (103) days (or such other period as to which the parties may mutually agree) after sending such notice from PC or the applicable PC Operating Companyto ConAgra, PC and CAGCO and/or those CAGCO Operating Companies for which PC or the applicable PC Operating Company agreed to produce the Products during the upcoming Production Period Pilgrim's will meet with ConAgra to develop firm good faith estimated orders for the Products for the upcoming Production Period. Each party agrees to give the other party, if possible, at least ninety (90) days prior notice of any significant demand change with respect to the Products to be supplied and purchased hereunder of which either party may become aware. To maintain this preferred supplier status, PC Pilgrim's and the PC Pilgrim Operating Companies shall meet CAGCOConAgra's and the CAGCO ConAgra Operating Companies' specificationsspecifications (consistent with existing specifications and as may be reasonably changed in the future), quantity, quantity delivery and service requirements. To maintain this preferred purchaser status, ConAgra and the ConAgra Operating Companies shall comply with agreed payment terms.

Purchase and Sale of Products. In order to facilitate this preferred supplier/purchaser relationship relationship, and subject to the terms and conditions set forth herein, PC and the PC Operating Companies agree to Molinos shall sell to CAGCO and the CAGCO Operating CompaniesTo-Ricos, and CAGCO To-Ricos shall purchase from Molinos, To-Ricos' requirements of corn and the CAGCO Operating Companies agree to purchase, those fresh beef and pork products which have historically been provided by Swift Beef Company and Swift Pork Company to CAGCO and the CAGCO Operating Companies soybean meal (collectively, the "Products") in amounts substantially similar to the volume of Products purchased by CAGCO and the CAGCO Operating Companies during the 12 month period prior to the date of this Agreement (subject to changes in product mix), product reformulation, etc.) or in such greater or smaller other volumes as the parties may mutually agree upon from time to time. CAGCO and PC agree that CAGCO will offer PC and At least three (3) days prior to the PC Operating Companies start of each period of time mutually agreed to by the opportunity to provide CAGCO and the CAGCO Operating Companies (including operating companies formed or acquired after the date hereof that require Products, subject to compliance with such companies' supply agreements or arrangements) additional fresh beef and pork products that they may require as a result of changes in product mix and product reformulations, other than proprietary or other products brought to CAGCO or the CAGCO Operating Companies by any third party for the development and/or manufacture of new products. On a quarterly basis parties during the term of this Agreement, CAGCO and those CAGCO Operating Companies requiring a supply of Products for the next immediately succeeding three (3) month period ("Production Period") Molinos will notify PC or the applicable PC Operating Company of CAGCO's and/or such CAGCO Operating Companiescontact To-Ricos to obtain To-Ricos' good faith estimate of anticipated purchases of Products, including Products for the next immediately succeeding mutually agreed to production period ("Production Period"). Included in the information to be provided by To-Ricos will be the type of Products, quantities, specifications, estimated delivery requirements and other relevant information for the upcoming Production Period and To-Ricos shall offer PC or the applicable PC Operating Company Molinos the right to provide such Products to CAGCO To-Ricos on the terms and conditions set forth herein. Based on this information, PC or the applicable PC Operating Company Molinos will notify CAGCO To-Ricos within ten three (103) days thereafter (or such other period of time as to which the parties may mutually agree) which Products it desires to supply. Within ten three (103) days (or such other period as to which the parties may mutually agree) after sending such notice from PC or the applicable PC Operating Companyto To-Ricos, PC and CAGCO and/or those CAGCO Operating Companies for which PC or the applicable PC Operating Company agreed to produce the Products during the upcoming Production Period Molinos will meet with To-Ricos to develop firm good faith estimated orders for the Products for the upcoming Production Period. Each party agrees to give the other party, if possible, at least ninety (90) days prior written notice of any significant demand change with respect to the Products to be supplied and purchased hereunder of which either party may become aware. To maintain this preferred supplier status, PC and the PC Operating Companies Molinos shall meet CAGCO's To-Ricos' specifications (consistent with existing specifications and as may be reasonably changed in the CAGCO Operating Companies' specificationsfuture), quantity, quantity delivery and service requirements. To maintain this preferred purchaser status, To-Ricos shall comply with the agreed payment terms. The scale at Molinos' elevator shall be used to establish quantities of Products sold to To-Ricos hereunder. The scale at Molinos' elevator shall be certified periodically by the applicable Puerto Rican governmental agency, but not more than twice a year.

Purchase and Sale of Products. In order to facilitate this preferred supplier/purchaser relationship relationship, and subject to the terms and conditions set forth herein, PC ConAgra shall sell to Pilgrim's and the PC Operating Companies agree to sell to CAGCO and the CAGCO Pilgrim Operating Companies, and CAGCO Pilgrim's and the CAGCO Pilgrim Operating Companies agree to purchaseshall purchase from ConAgra, those fresh beef and pork specific chicken breast products which have historically been provided by Swift Beef Company and Swift Pork Company to CAGCO produced for existing customer base at the ConAgra Facility meeting Pilgrim's and the CAGCO Pilgrim Operating Companies Companies' quality and service standards (collectively, the "Products") in amounts substantially similar to the volume of Products purchased by CAGCO and the CAGCO Operating Companies ConAgra Poultry Company during the 12 twelve (12) month period prior to the date of this Agreement (subject to changes in product mix, product reformulation, market conditions, etc.) ), or in such greater or smaller volumes as the parties may mutually agree upon from time to time. CAGCO and PC The parties agree that CAGCO Pilgrim's will offer PC and ConAgra the PC Operating Companies the first opportunity to provide CAGCO Pilgrim's and the CAGCO Pilgrim Operating Companies (including operating companies formed or acquired after the date hereof that require Products, subject to compliance with such companies' supply agreements or arrangementsarrangements existing prior to, and not established in contemplation of such companies' acquisition) additional fresh beef and pork products Products that they any of them may require as a result of changes in product mix and product reformulations, other than proprietary or other products brought to CAGCO Pilgrim's or the CAGCO Pilgrim Operating Companies by any third party for the development and/or manufacture of new products. On a quarterly basis At least three (3) days prior to the start of each period of time mutually agreed to by the parties during the term of this Agreement, CAGCO ConAgra will contact Pilgrim's and those CAGCO Pilgrim Operating Companies requiring a supply of Products for the next immediately succeeding three (3) month mutually agreed to production period ("Production Period") will notify PC or the applicable PC Operating Company of CAGCOto obtain Pilgrim's and/or such CAGCO Pilgrim Operating Companies' good faith estimate of anticipated purchases of Products, including . Included in the information to be provided by Pilgrim's and/or the Pilgrim Operating Companies will be the type of Products, quantities, specifications, estimated delivery requirements and other relevant information for the upcoming Production Period and Pilgrim's and/or the Pilgrim Operating Companies shall offer PC or the applicable PC Operating Company ConAgra the right to provide such Products to CAGCO Pilgrim's on the terms and conditions set forth herein. Based on this information, PC or the applicable PC Operating Company ConAgra will notify CAGCO Pilgrim's within ten three (103) days thereafter (or such other period of time as to which the parties may mutually agree) which Products it desires to supply. Within ten three (103) days (or such other period as to which the parties may mutually agree) after sending such notice from PC or the applicable PC Operating Companyto Pilgrim's, PC and CAGCO and/or those CAGCO Operating Companies for which PC or the applicable PC Operating Company agreed to produce the Products during the upcoming Production Period ConAgra will meet with Pilgrim's to develop firm good faith estimated orders for the Products for the upcoming Production Period. Each party agrees to give the other party, if possible, at least ninety (90) days prior written notice of any significant demand change with respect to the Products to be supplied and purchased hereunder of which either party may become aware. To maintain this preferred supplier status, PC and the PC Operating Companies ConAgra shall meet CAGCOPilgrim's and the CAGCO Pilgrim Operating Companies' specificationsspecifications (consistent with existing specifications and as may be reasonably changed in the future), quantity, delivery and service requirements. To maintain this preferred purchaser status, Pilgrim's and the Pilgrim Operating companies shall comply with the agreed payment terms.