SCOPE; PRODUCTS; SPECIFICATIONS. (a) For the purposes of this Agreement, the following terms shall have the following definitions: (i) “
SCOPE; PRODUCTS; SPECIFICATIONS. (a) Supplier hereby agrees to supply to Buyer and its current and future affiliates world-wide (and Buyer collectively with such affiliates, or any such entity individually, will hereinafter sometimes be referred to as the "Buyer Group"), and Buyer agrees to purchase from Supplier, except as otherwise provided in this Agreement, 100% of Buyer Group's requirements (as soon as practicable following the expiration of any pre-existing contractual commitments, and with the exception of: CONFIDENTIAL TREATMENT REQUESTED for the following products (the "Products"), in accordance with and pursuant to the terms of this Agreement: Aluminum beverage cans, in sizes of 355ml, 330ml, 250ml, 200ml and 150ml, and ends, in sizes of 202 (and 206 where required by Buyer) and any other sizes required by Buyer Group, based on Buyer Group's current portfolio of beverage products (collectively, the "Agreed Can/End Sizes"). It is understood and agreed that, subject to the balance of this Section 1 and to Section 3(h), for North America the can size will be 355ml and the end size will be 202. At Buyer's option where Supplier has the available equipment capability, Supplier will supply cans in any other sizes that are less than 355ml and ends in any other sizes in addition to the Agreed Can/End Sizes. If Supplier is unable or unwilling to supply any such other can and/or end sizes in addition to the Agreed Can/End Sizes where Supplier has the equipment capability, Supplier shall be deemed to have failed to supply Products in accordance with its obligations under this Agreement. For purposes of this Agreement, the term "equipment capability" shall mean the Supplier having the installed equipment available to produce such Products in a plant already supplying such Products or substantially equivalent products to Supplier's other customers' filling locations located in the same country (and for such purposes Canada and the United States shall be deemed to be a single country) as the Buyer Group facility that Buyer proposes to be supplied by Supplier, whether or not Supplier has any available capacity to run Products on such equipment and whether or not Supplier's plant is actually located in such country. If in the future Buyer Group requires an end or can size for which Supplier does not have equipment capability, Buyer shall first give Supplier notice of its desire to source such cans and ends and a period of thirty (30) days within which to reach agreement with Buyer, both parties ...
