Obligations of the Parties. i) The Parties hereby agree to enter into this FIXED PRICE ▇▇▇▇▇▇▇▇▇ CONTRACT. ii) MEATCO undertakes to procure the cattle from the PRODUCER subject to the terms and conditions set out herein and, additionally, in accordance with all the terms and conditions as set out in the Pro Forma Sales Advice, excluding clause 14 thereof, annexed hereto as “Schedule A”. iii) The PRODUCER undertakes to familiarize itself with and comply with all MEATCO procedures and Farm Assured Namibian Meat (“FAN MEAT”) regulations, which will be made available to the PRODUCER at the request of the PRODUCER. iv) The PRODUCER undertakes to familiarize itself with all export requirements, regulations and requirements as determined by the Directorate of Veterinary Services (“DVS”), which will be made available to the PRODUCER at the request of the PRODUCER, and warrants that the cattle delivered will be compliant with export requirements and regulations and be fit for human consumption as determined by the DVS. v) In order to qualify for the agreed upon price, the PRODUCER shall upon delivery of the cattle to MEATCO, complete and sign a Sales Advice form similar in form to Schedule A to be provided to the Producer by MEATCO and MEATCO shall in turn perform its obligations in terms of Schedule A and verify that the PRODUCER has met a minimum of ninety percent (90%) of the quantity of cattle which such PRODUCER has committed to deliver to MEATCO (the “Minimum Cattle Delivery Amount”) within the specified delivery period as per Schedule B. vi) Failure by the PRODUCER to meet the Minimum Cattle Delivery Amount a) Failure by the PRODUCER to deliver the Minimum Cattle Delivery Amount as per this Contract, shall result in: i. MEATCO charging the PRODUCER a penalty of Two Thousand Namibian Dollar (N$2 000-00) per each head of cattle not delivered (short of ninety percent (90%)); and ii. the PRODUCER being paid for the cattle delivered according to MEATCO’s weekly announced Producer Price instead of the price stipulated in terms of this Contract. vii) In case of cattle being delivered in excess of 100% of the agreed quantity, as per Schedule B of this contract: a) additional cattle delivered shall be purchased at MEATCO’s weekly announced Producer Price, at the sole discretion of MEATCO; and b) the cattle delivered above one hundred percent (100%) of the contract quantity shall be paid in accordance with MEATCO’s weekly announced Producer Price, subject to terms and conditions to be agreed between the Parties.
Appears in 84 contracts
Sources: Fixed Price Slaughter Contract, Fixed Price Slaughter Contract, Fixed Price Slaughter Contract
Obligations of the Parties. i) The Parties hereby agree to enter into this FIXED PRICE ▇▇▇▇▇▇▇▇▇ CONTRACTCONTRACT subject to the terms and conditions set out herein.
ii) MEATCO undertakes to procure the cattle from the PRODUCER subject to the terms and conditions set out herein and, additionally, in accordance with all the terms and conditions as set out in the Pro Forma Sales Advice, excluding clause 14 thereof, annexed hereto as “Schedule A”.
iii) The PRODUCER undertakes to familiarize itself with and comply with all MEATCO procedures and Farm Assured Namibian Meat (“FAN MEAT”) regulations, which will be made available to the PRODUCER at the request of the PRODUCER.
iv) The PRODUCER undertakes to familiarize itself with all export requirements, regulations and requirements as determined by the Directorate of Veterinary Services (“DVS”), which will be made available to the PRODUCER at the request of the PRODUCER, and warrants that the cattle delivered will be compliant with export requirements and regulations and be fit for human consumption as determined by the DVS.
v) In order to qualify for the agreed upon price, the PRODUCER shall upon delivery of the cattle to MEATCO, complete and sign a Sales Advice form similar in form to Schedule A to be provided to the Producer by MEATCO and MEATCO shall in turn perform its obligations in terms of Schedule A and verify that the PRODUCER has met a minimum of ninety percent (90%) of the quantity of cattle which such PRODUCER has committed to deliver to MEATCO (the “Minimum Cattle Delivery Amount”) within the specified delivery period as per Schedule B.
vi) The PRODUCER hereby commits to deliver to MEATCO the Minimum Cattle Delivery Amount as per the quantities specified in Schedule B.
vii) Failure by the PRODUCER to meet the Minimum Cattle Delivery Amount
a) Failure by the PRODUCER to deliver the Minimum Cattle Delivery Amount as per this Contract, shall result in:
i. MEATCO charging the PRODUCER a penalty of Two Thousand Namibian Dollar (N$2 000-00) per each head of cattle not delivered (short of ninety percent (90%)); and
ii. in the PRODUCER being paid for the cattle delivered according to MEATCO▇▇▇▇▇▇’s weekly announced Producer Price instead of the price stipulated in terms of this Contract.
viib) In case A failure by the PRODUCER to deliver the Minimum Cattle Delivery Amount as per this Contract for two consecutive months shall result in the immediate termination of this Contract by MEATCO.
viii) Additional cattle being delivered in excess of 100% of the agreed quantity, as per Schedule B of this contract:
a) additional cattle delivered Contract, shall be purchased at MEATCO’s weekly announced Producer Price, by MEATCO at the sole discretion of MEATCO; and
b) the cattle delivered above one hundred percent (100%) of the contract quantity shall be paid in accordance with MEATCO’s weekly announced Producer Price, subject to terms and conditions to be standard rates agreed between the PartiesParties in terms of this Contract.
Appears in 7 contracts
Sources: Fixed Price Slaughter Contract, Fixed Price Slaughter Contract, Fixed Price Slaughter Contract
Obligations of the Parties. i) The Parties hereby agree to enter into this FIXED PRICE ▇▇▇▇▇▇▇▇▇ CONTRACTCattle Delivery Agreement subject to the terms and conditions set out herein.
ii) MEATCO undertakes to procure the cattle from the PRODUCER subject to the terms and conditions set out herein and, additionally, in accordance with all the terms and conditions as set out in the Pro Forma Sales Advice, excluding clause 14 thereof, annexed hereto as “Schedule A”.
iii) The PRODUCER undertakes to familiarize itself with and comply with all MEATCO procedures and Farm Assured Namibian Meat (“FAN MEAT”) regulations, which will be made available to the PRODUCER at the request of the PRODUCER.
iv) The PRODUCER undertakes to familiarize itself with all export requirements, regulations and requirements as determined by the Directorate of Veterinary Services (“DVS”), which will be made available to the PRODUCER at the request of the PRODUCER, and warrants that the cattle delivered will be compliant with export requirements and regulations and be fit for human consumption as determined by the DVS.
v) In order to qualify for the agreed upon price, the PRODUCER shall upon delivery of the cattle to MEATCO, complete and sign a Sales Advice form similar in form to Schedule A to be provided to the Producer by MEATCO and MEATCO shall in turn perform its obligations in terms of Schedule A and verify that the PRODUCER has met a minimum of ninety percent (90%) of as per the quantity of cattle stipulated in the Sales Advisee which such PRODUCER has committed to deliver to MEATCO (the “Minimum Cattle Delivery AmountQuantity”) within the specified delivery period as per Schedule B.
vi) Failure by the PRODUCER to meet the Minimum Cattle Delivery Amount
a) Failure by the PRODUCER to deliver the Minimum Cattle Delivery Amount as per this Contract, shall result in:
i. MEATCO charging the PRODUCER a penalty of Two Thousand Namibian Dollar (N$2 000-00) per each head of cattle not delivered (short of ninety percent (90%)); and
ii. the PRODUCER being paid for the cattle delivered according to MEATCO’s weekly announced Producer Price instead of the price stipulated in terms of this Contract.
vii) In case of cattle being delivered in excess of 100% of the agreed quantity, as per Schedule B of this contract:
a) additional cattle delivered shall be purchased at MEATCO’s weekly announced Producer Price, at the sole discretion of MEATCO; and
b) the cattle delivered above one hundred percent (100%) of the contract quantity shall be paid in accordance with MEATCO’s weekly announced Producer Price, subject to terms and conditions to be agreed between the Parties.
Appears in 4 contracts
Sources: Cattle Delivery Agreement, Cattle Delivery Agreement, Cattle Delivery Agreement
Obligations of the Parties. i) The Parties hereby agree to enter into this FIXED FEEDERS PRICE ▇▇▇▇▇▇▇▇▇ CONTRACTCONTRACT subject to the terms and conditions set out herein.
ii) MEATCO undertakes to procure the cattle from the PRODUCER subject to the terms and conditions set out herein and, additionally, in accordance with all the terms and conditions as set out in the Pro Forma Sales Advice, excluding clause 14 thereof, annexed hereto as “Schedule A”.
iii) The PRODUCER undertakes to familiarize itself with and comply with all MEATCO procedures and Farm Assured Namibian Meat (“FAN MEAT”) regulations, which will be made available to the PRODUCER at the request of the PRODUCER.
iv) The PRODUCER undertakes to familiarize itself with all export requirements, regulations and requirements as determined by the Directorate of Veterinary Services (“DVS”), which will be made available to the PRODUCER at the request of the PRODUCER, and warrants that the cattle delivered will be compliant with export requirements and regulations and be fit for human consumption as determined by the DVS.
v) In order to qualify for the agreed upon price, the PRODUCER shall upon delivery of the cattle to MEATCO, complete and sign a Sales Advice form similar in form to Schedule A to be provided to the Producer by MEATCO and MEATCO shall in turn perform its obligations in terms of Schedule A and verify that the PRODUCER has met a minimum of ninety percent (90%) of the quantity of cattle which such PRODUCER has committed to deliver to MEATCO (the “Minimum Cattle Delivery Amount”) within the specified delivery period as per Schedule B.
vi) The PRODUCER hereby commits to deliver to MEATCO the Minimum Cattle Delivery Amount as per the quantities specified in Schedule B.
vii) Failure by the PRODUCER to meet the Minimum Cattle Delivery Amount
a) Failure by the PRODUCER to deliver the Minimum Cattle Delivery Amount as per this Contract, shall result in:
i. MEATCO charging the PRODUCER a penalty of Two Thousand Namibian Dollar (N$2 000-00) per each head of cattle not delivered (short of ninety percent (90%)); and
ii. in the PRODUCER being paid for the cattle delivered according to MEATCO’s weekly announced Producer Price instead of the price stipulated in terms of this Contract.
viib) In case A failure by the PRODUCER to deliver the Minimum Cattle Delivery Amount as per this Contract for two consecutive months shall result in the immediate termination of this Contract by MEATCO.
viii) Additional cattle being delivered in excess of 100% of the agreed quantity, as per Schedule B of this contract:
a) additional cattle delivered Contract, shall be purchased at MEATCO’s weekly announced Producer Price, by MEATCO at the sole discretion of MEATCO; and
b) the cattle delivered above one hundred percent (100%) of the contract quantity shall be paid in accordance with MEATCO’s weekly announced Producer Price, subject to terms and conditions to be standard rates agreed between the PartiesParties in terms of this Contract.
Appears in 3 contracts
Sources: Feeders Slaughter Price Contract, Feeders Slaughter Price Contract, Feeders Slaughter Price Contract
Obligations of the Parties. i) The Parties hereby agree to enter into this FIXED PRICE ▇▇▇▇▇▇▇▇▇ CONTRACTCONTRACT subject to the terms and conditions set out herein.
ii) MEATCO undertakes to procure the cattle from the PRODUCER subject to the terms and conditions set out herein and, additionally, in accordance with all the terms and conditions as set out in the Pro Forma Sales Advice, excluding clause 14 thereof, annexed hereto as “Schedule A”.
iii) The PRODUCER undertakes to familiarize itself with and comply with all MEATCO procedures and Farm Assured Namibian Meat (“FAN MEAT”) regulations, which will be made available to the PRODUCER at the request of the PRODUCER.
iv) The PRODUCER undertakes to familiarize itself with all export requirements, regulations and requirements as determined by the Directorate of Veterinary Services (“DVS”), which will be made available to the PRODUCER at the request of the PRODUCER, and warrants that the cattle delivered will be compliant with export requirements and regulations and be fit for human consumption as determined by the DVS.
v) In order to qualify for the agreed upon price, the PRODUCER shall upon delivery of the cattle to MEATCO, complete and sign a Sales Advice form similar in form to Schedule A to be provided to the Producer by MEATCO and MEATCO shall in turn perform its obligations in terms of Schedule A and verify that the PRODUCER has met a minimum of ninety percent (90%) of the quantity of cattle which such PRODUCER has committed to deliver to MEATCO (the “Minimum Cattle Delivery Amount”) within the specified delivery period as per Schedule B.
vi) The PRODUCER hereby commits to deliver to MEATCO the Minimum Cattle Delivery Amount as per the quantities specified in Schedule B.
vii) Failure by the PRODUCER to meet the Minimum Cattle Delivery Amount
a) Failure by the PRODUCER to deliver the Minimum Cattle Delivery Amount as per this Contract, shall result in:
i. MEATCO charging the PRODUCER a penalty of Two Thousand Namibian Dollar (N$2 000-00) per each head of cattle not delivered (short of ninety percent (90%)); and
ii. in the PRODUCER being paid for the cattle delivered according to MEATCO’s weekly announced Producer Price instead of the price stipulated in terms of this Contract.
viib) In case A failure by the PRODUCER to deliver the Minimum Cattle Delivery Amount as per this Contract for two consecutive months shall result in the immediate termination of this Contract by MEATCO.
viii) Additional cattle being delivered in excess of 100% of the agreed quantity, as per Schedule B of this contract:
a) additional cattle delivered Contract, shall be purchased at MEATCO’s weekly announced Producer Price, by MEATCO at the sole discretion of MEATCO; and
b) the cattle delivered above one hundred percent (100%) of the contract quantity shall be paid in accordance with MEATCO’s weekly announced Producer Price, subject to terms and conditions to be standard rates agreed between the PartiesParties in terms of this Contract.
Appears in 3 contracts
Sources: Fixed Price Slaughter Contract, Fixed Price Slaughter Contract, Fixed Price Slaughter Contract
Obligations of the Parties. i) The Parties hereby agree to enter into this FIXED FEEDERS PRICE ▇▇▇▇▇▇▇▇▇ CONTRACTCONTRACT subject to the terms and conditions set out herein.
ii) MEATCO undertakes to procure the cattle from the PRODUCER subject to the terms and conditions set out herein and, additionally, in accordance with all the terms and conditions as set out in the Pro Forma Sales Advice, excluding clause 14 thereof, annexed hereto as “Schedule A”.
iii) The PRODUCER undertakes to familiarize itself with and comply with all MEATCO procedures and Farm Assured Namibian Meat (“FAN MEAT”) regulations, which will be made available to the PRODUCER at the request of the PRODUCER.
iv) The PRODUCER undertakes to familiarize itself with all export requirements, regulations and requirements as determined by the Directorate of Veterinary Services (“DVS”), which will be made available to the PRODUCER at the request of the PRODUCER, and warrants that the cattle delivered will be compliant with export requirements and regulations and be fit for human consumption as determined by the DVS.
v) In order to qualify for the agreed upon price, the PRODUCER shall upon delivery of the cattle to MEATCO, complete and sign a Sales Advice form similar in form to Schedule A to be provided to the Producer by MEATCO and MEATCO shall in turn perform its obligations in terms of Schedule A and verify that the PRODUCER has met a minimum of ninety percent (90%) of the quantity of cattle which such PRODUCER has committed to deliver to MEATCO (the “Minimum Cattle Delivery AmountQuantity”) within the specified delivery period as per Schedule B.
vi) In order to qualify for the preferential price in accordance with this Contract, the PRODUCER hereby commits to deliver to MEATCO the Minimum Cattle Delivery Quantity being eight (8) loads of cattle per year, translating to a minimum of two (2) loads per quarter [Q1: February to April; Q2: May to July; Q3: August to October; Q4: November to January], according to the agreed load sizes in Schedule B.
vii) Failure by the PRODUCER to meet the Minimum Cattle Delivery AmountQuantity
a) Failure by the PRODUCER to deliver the Minimum Cattle Delivery Amount Quantity as per this Contract, shall result in:
i. MEATCO charging the PRODUCER a penalty of Two Thousand Namibian Dollar (N$2 000-00) per each head of cattle not delivered (short of ninety percent (90%)); and
ii. in the PRODUCER being paid for the cattle delivered according to MEATCO▇▇▇▇▇▇’s weekly announced Producer Price instead of the price stipulated in terms of this Contract.
viib) In case A failure by the PRODUCER to deliver the Minimum Cattle Delivery Quantity as per this Contract for two consecutive months shall result in the immediate termination of this Contract by MEATCO.
viii) Additional cattle being delivered in excess of 100% of the agreed quantity, as per Schedule B of this contract:
a) additional cattle delivered Contract, shall equally be purchased at MEATCO’s weekly announced Producer Price, at by MEATCO according to the sole discretion of MEATCO; and
b) the cattle delivered above one hundred percent (100%) of the contract quantity shall be paid in accordance with MEATCO’s weekly announced Producer Price, subject to terms prices and conditions to be agreed between the Parties.specified in Schedule B.
Appears in 3 contracts
Sources: Feeders Price Slaughter Contract, Feeders Price Slaughter Contract, Feeders Price Slaughter Contract
Obligations of the Parties. i) The Parties hereby agree to enter into this FEEDERS FIXED PRICE ▇▇▇▇▇▇▇▇▇ CONTRACTCONTRACT subject to the terms and conditions set out herein.
ii) MEATCO undertakes to procure the cattle from the PRODUCER subject to the terms and conditions set out herein and, additionally, in accordance with all the terms and conditions as set out in the Pro Forma Sales Advice, excluding clause 14 thereof, annexed hereto as “Schedule A”.
iii) The PRODUCER undertakes to familiarize itself with and comply with all MEATCO procedures and Farm Assured Namibian Meat (“FAN MEAT”) regulations, which will be made available to the PRODUCER at the request of the PRODUCER.
iv) The PRODUCER undertakes to familiarize itself with all export requirements, regulations and requirements as determined by the Directorate of Veterinary Services (“DVS”), which will be made available to the PRODUCER at the request of the PRODUCER, and warrants that the cattle delivered will be compliant with export requirements and regulations and be fit for human consumption as determined by the DVS.
v) In order to qualify for the agreed upon price, the PRODUCER shall upon delivery of the cattle to MEATCO, complete and sign a Sales Advice form similar in form to Schedule A to be provided to the Producer by MEATCO and MEATCO shall in turn perform its obligations in terms of Schedule A and verify that the PRODUCER has met a minimum of ninety percent (90%) of the quantity of cattle which such PRODUCER has committed to deliver to MEATCO (the “Minimum Cattle Delivery Amount”) within the specified delivery period as per Schedule B.
vi) The PRODUCER hereby commits to deliver to MEATCO the Minimum Cattle Delivery Amount as per the quantities specified in Schedule B.
vii) Failure by the PRODUCER to meet the Minimum Cattle Delivery Amount
a) Failure by the PRODUCER to deliver the Minimum Cattle Delivery Amount as per this Contract, shall result in:
i. MEATCO charging the PRODUCER a penalty of Two Thousand Namibian Dollar (N$2 000-00) per each head of cattle not delivered (short of ninety percent (90%)); and
ii. in the PRODUCER being paid for the cattle delivered according to MEATCO’s weekly announced Producer Price instead of the price stipulated in terms of this Contract.
viib) In case A failure by the PRODUCER to deliver the Minimum Cattle Delivery Amount as per this Contract for two consecutive months shall result in the immediate termination of this Contract by MEATCO.
viii) Additional cattle being delivered in excess of 100% of the agreed quantity, as per Schedule B of this contract:
a) additional cattle delivered Contract, shall be purchased at MEATCO’s weekly announced Producer Price, by MEATCO at the sole discretion of MEATCO; and
b) the cattle delivered above one hundred percent (100%) of the contract quantity shall be paid in accordance with MEATCO’s weekly announced Producer Price, subject to terms and conditions to be standard rates agreed between the PartiesParties in terms of this Contract.
Appears in 3 contracts
Sources: Fixed Price Contract, Slaughter Price Contract, Slaughter Price Contract
Obligations of the Parties. 10.1 EV3 undertakes to:
(i) The Parties hereby agree create and maintain at all times during the term of this AGREEMENT a stock of the PRODUCTS adequate to meet the demand of customers in the TERRITORY for at least three (3) months;
(ii) carry out its duties and obligations as distributor and to sell the PRODUCTS in a manner which shall not violate relevant applicable Laws, particularly those related to marketing of medical devices and to the communication of scientific INFORMATION to medical professionals;
(iii) give access to INVATEC to its premises at any time during business hours to inspect the stock of the PRODUCTS upon three (3) days notice;
(iv) submit to INVATEC for INVATEC's prior approval, the concept of the brochures and marketing materials related to the PRODUCTS, provided however that such approval shall be deemed granted if INVATEC raises no objection within fifteen (15) days of receipt thereof. Such approval may only be withheld due to scientific, technical, clinical and regulatory reasons or other reasons of similar importance;
(v) inform in advance INVATEC of any distribution, partnership, joint venture and any other commercial AGREEMENT which it intends to enter into this FIXED PRICE ▇▇▇▇▇▇▇▇▇ CONTRACTand which may concern and/or relate to PRODUCTS similar in nature and/or competing with the PRODUCTS.
(vi) abstain from entering into any of the AGREEMENTs listed in point (v) above in case INVATEC determines in its reasonable discretion that the result of these AGREEMENTs would be EV3 cooperating in the sale manufacturing or design of PRODUCTS competing with the PRODUCTS.
10.2 INVATEC undertakes to:
(i) carry out its duties and obligations and to sell the PRODUCTS to EV3 in a manner which shall not violate relevant applicable laws or regulations;
(ii) MEATCO undertakes to procure co-operate and support EV3 in its distribution activities in the cattle from the PRODUCER subject to the terms TERRITORY and conditions set out herein and, additionally, in accordance provide EV3 with all the terms INFORMATION, including scientific INFORMATION, needed to promote and conditions as set out sell the PRODUCTS in the Pro Forma Sales Advice, excluding clause 14 thereof, annexed hereto as “Schedule A”.TERRITORY;
(iii) The PRODUCER undertakes to familiarize itself with create and comply with maintain at all MEATCO procedures and Farm Assured Namibian Meat (“FAN MEAT”) regulations, which will be made available to times during the PRODUCER at the request term of this AGREEMENT a stock of the PRODUCER.
iv) The PRODUCER undertakes to familiarize itself with all export requirements, regulations and requirements as determined by the Directorate of Veterinary Services (“DVS”), which will be made available to the PRODUCER at the request of the PRODUCER, and warrants that the cattle delivered will be compliant with export requirements and regulations and be fit for human consumption as determined by the DVS.
v) In order to qualify for the agreed upon price, the PRODUCER shall upon delivery of the cattle to MEATCO, complete and sign a Sales Advice form similar in form to Schedule A to be provided to the Producer by MEATCO and MEATCO shall in turn perform its obligations in terms of Schedule A and verify that the PRODUCER has met a minimum of ninety percent (90%) of the quantity of cattle which such PRODUCER has committed to deliver to MEATCO (the “Minimum Cattle Delivery Amount”) within the specified delivery period as per Schedule B.
vi) Failure by the PRODUCER PRODUCTS adequate to meet the Minimum Cattle Delivery Amount
a) Failure by demand of EV3 as expressed in the PRODUCER to deliver the Minimum Cattle Delivery Amount as per this Contract, shall result in:
i. MEATCO charging the PRODUCER a penalty of Two Thousand Namibian Dollar (N$2 000-00) per each head of cattle not delivered (short of ninety percent (90%)); and
ii. the PRODUCER being paid for the cattle delivered according to MEATCO’s weekly announced Producer Price instead of the price stipulated forecasts mentioned in terms of this ContractArticle 12.2.
vii) In case of cattle being delivered in excess of 100% of the agreed quantity, as per Schedule B of this contract:
a) additional cattle delivered shall be purchased at MEATCO’s weekly announced Producer Price, at the sole discretion of MEATCO; and
b) the cattle delivered above one hundred percent (100%) of the contract quantity shall be paid in accordance with MEATCO’s weekly announced Producer Price, subject to terms and conditions to be agreed between the Parties.
Appears in 2 contracts
Sources: Distribution Agreement (Ev3 Inc.), Distribution Agreement (Ev3 Inc.)
Obligations of the Parties. i) The Parties hereby agree to enter into this FIXED PRICE ▇▇▇▇▇▇▇▇▇ CONTRACT.
ii) MEATCO undertakes to procure the cattle from the PRODUCER subject to the terms and conditions set out herein and, additionally, in accordance with all the terms and conditions as set out in the Pro Forma Sales Advice, excluding clause 14 thereof, annexed hereto as “Schedule A”.
iii) The PRODUCER undertakes to familiarize itself with and comply with all MEATCO procedures and Farm Assured Namibian Meat (“FAN MEAT”) regulations, which will be made available to the PRODUCER at the request of the PRODUCER.
iv) The PRODUCER undertakes to familiarize itself with all export requirements, regulations and requirements as determined by the Directorate of Veterinary Services (“DVS”), which will be made available to the PRODUCER at the request of the PRODUCER, and warrants that the cattle delivered will be compliant with export requirements and regulations and be fit for human consumption as determined by the DVS.
v) In order to qualify for the agreed upon price, the PRODUCER shall upon delivery of the cattle to MEATCO, complete and sign a Sales Advice form similar in form to Schedule A to be provided to the Producer by MEATCO and MEATCO shall in turn perform its obligations in terms of Schedule A and verify that the PRODUCER has met a minimum of ninety percent (90%) of the quantity of cattle which such PRODUCER has committed to deliver to MEATCO (the “Minimum Cattle Delivery Amount”) within the specified delivery period as per Schedule B.
vi) Failure by the PRODUCER to meet the Minimum Cattle Delivery Amount
a) Failure by the PRODUCER to deliver the Minimum Cattle Delivery Amount as per this Contract, shall result in:
i. MEATCO charging the PRODUCER a penalty of Two Thousand Namibian Dollar (N$2 000-00) per each head of cattle not delivered (short of ninety percent (90%)); and
ii. the PRODUCER being paid for the cattle delivered according to MEATCO▇▇▇▇▇▇’s weekly announced Producer Price instead of the price stipulated in terms of this Contract.
vii) In case of cattle being delivered in excess of 100% of the agreed quantity, as per Schedule B of this contract:
a) additional cattle delivered shall be purchased at MEATCO’s weekly announced Producer Price, at the sole discretion of MEATCO; and
b) the cattle delivered above one hundred percent (100%) of the contract quantity shall be paid in accordance with MEATCO’s weekly announced Producer Price, subject to terms and conditions to be agreed between the Parties.
Appears in 2 contracts
Sources: Fixed Price Slaughter Contract, Fixed Price Slaughter Contract
Obligations of the Parties. i) The Parties hereby agree to enter into this FIXED FEEDERS PRICE ▇▇▇▇▇▇▇▇▇ CONTRACTCONTRACT subject to the terms and conditions set out herein.
ii) MEATCO undertakes to procure the cattle from the PRODUCER subject to the terms and conditions set out herein and, additionally, in accordance with all the terms and conditions as set out in the Pro Forma Sales Advice, excluding clause 14 thereof, annexed hereto as “Schedule A”.
iii) The PRODUCER undertakes to familiarize itself with and comply with all MEATCO procedures and Farm Assured Namibian Meat (“FAN MEAT”) regulations, which will be made available to the PRODUCER at the request of the PRODUCER.
iv) The PRODUCER undertakes to familiarize itself with all export requirements, regulations and requirements as determined by the Directorate of Veterinary Services (“DVS”), which will be made available to the PRODUCER at the request of the PRODUCER, and warrants that the cattle delivered will be compliant with export requirements and regulations and be fit for human consumption as determined by the DVS.
v) In order to qualify for the agreed upon price, the PRODUCER shall upon delivery of the cattle to MEATCO, complete and sign a Sales Advice form similar in form to Schedule A to be provided to the Producer by MEATCO and MEATCO shall in turn perform its obligations in terms of Schedule A and verify that the PRODUCER has met a minimum of ninety percent (90%) of the quantity of cattle which such PRODUCER has committed to deliver to MEATCO (the “Minimum Cattle Delivery Amount”) within the specified delivery period as per Schedule B.
vi) The PRODUCER hereby commits to deliver to MEATCO the Minimum Cattle Delivery Amount as per the quantities specified in Schedule B.
vii) Failure by the PRODUCER to meet the Minimum Cattle Delivery Amount
a) Failure by the PRODUCER to deliver the Minimum Cattle Delivery Amount as per this Contract, shall result in:
i. MEATCO charging the PRODUCER a penalty of Two Thousand Namibian Dollar (N$2 000-00) per each head of cattle not delivered (short of ninety percent (90%)); and
ii. in the PRODUCER being paid for the cattle delivered according to MEATCO▇▇▇▇▇▇’s weekly announced Producer Price instead of the price stipulated in terms of this Contract.
viib) In case A failure by the PRODUCER to deliver the Minimum Cattle Delivery Amount as per this Contract for two consecutive months shall result in the immediate termination of this Contract by MEATCO.
viii) Additional cattle being delivered in excess of 100% of the agreed quantity, as per Schedule B of this contract:
a) additional cattle delivered Contract, shall be purchased at MEATCO’s weekly announced Producer Price, by MEATCO at the sole discretion of MEATCO; and
b) the cattle delivered above one hundred percent (100%) of the contract quantity shall be paid in accordance with MEATCO’s weekly announced Producer Price, subject to terms and conditions to be standard rates agreed between the PartiesParties in terms of this Contract.
Appears in 1 contract
Sources: Feeders Slaughter Price Contract
Obligations of the Parties. iThe receiving Party’s (“Recipient”) obligations under this section shall not apply to any of the disclosing Party’s (“Discloser”) Confidential Information that Recipient can document: (a) was in the public domain at or subsequent to the time such Confidential Information was communicated to Recipient by Discloser through no fault of Recipient; (b) was rightfully in Recipient’s possession free of any obligation of confidence at or subsequent to the time such Confidential Information was communicated to Recipient by such Discloser; (c) was developed by employees or agents of Recipient independently of and without reference to any of Discloser’s Confidential Information; or (d) was communicated by Discloser to an unaffiliated third party free of any obligation of confidence. A disclosure by Recipient of any Discloser Confidential Information (a) in response to a valid order by a court or other governmental body; (b) as otherwise required by law; or (c) necessary to establish the rights of either party under this Agreement shall not be considered to be a breach of this Agreement by the Recipient; provided, however, that Recipient shall provide prompt prior written notice thereof to the Discloser to enable Discloser to seek a protective order or otherwise prevent such disclosure. The Parties hereby agree Recipient shall use reasonable controls to enter into protect the confidentiality of and restrict access to all Confidential Information of the Discloser to those persons having a specific need to know for the purpose of performing the Recipient’s obligations under this FIXED PRICE ▇▇▇▇▇▇▇▇▇ CONTRACT.
ii) MEATCO undertakes Agreement. The Recipient shall use controls no less protective than Recipient uses to procure secure and protect its own confidential, but not “Classified” or otherwise Government-legended, information. Upon termination of this Agreement the cattle Recipient, as directed by the Discloser, shall either return the Discloser’s Confidential Information, or destroy all copies thereof and verify such destruction in writing to the Discloser. Unless the Recipient obtains prior written consent from the PRODUCER subject Discloser, the Recipient agrees that it will not reproduce, use for purposes other than those expressly permitted in this Agreement, disclose, sell, license, afford access to, distribute, or disseminate any information designated by the Discloser as confidential. In addition to the terms and conditions set out herein andabove, additionallyupon termination of this Agreement for any reason, in accordance ShotSpotter will, within five (5) business days of such termination, provide Customer with all a final extract of the terms and conditions as set out Data in the Pro Forma Sales Advice, excluding clause 14 thereof, annexed hereto as “Schedule A”National Incident Exchange Model (NIEM) format.
iii) The PRODUCER undertakes to familiarize itself with and comply with all MEATCO procedures and Farm Assured Namibian Meat (“FAN MEAT”) regulations, which will be made available to the PRODUCER at the request of the PRODUCER.
iv) The PRODUCER undertakes to familiarize itself with all export requirements, regulations and requirements as determined by the Directorate of Veterinary Services (“DVS”), which will be made available to the PRODUCER at the request of the PRODUCER, and warrants that the cattle delivered will be compliant with export requirements and regulations and be fit for human consumption as determined by the DVS.
v) In order to qualify for the agreed upon price, the PRODUCER shall upon delivery of the cattle to MEATCO, complete and sign a Sales Advice form similar in form to Schedule A to be provided to the Producer by MEATCO and MEATCO shall in turn perform its obligations in terms of Schedule A and verify that the PRODUCER has met a minimum of ninety percent (90%) of the quantity of cattle which such PRODUCER has committed to deliver to MEATCO (the “Minimum Cattle Delivery Amount”) within the specified delivery period as per Schedule B.
vi) Failure by the PRODUCER to meet the Minimum Cattle Delivery Amount
a) Failure by the PRODUCER to deliver the Minimum Cattle Delivery Amount as per this Contract, shall result in:
i. MEATCO charging the PRODUCER a penalty of Two Thousand Namibian Dollar (N$2 000-00) per each head of cattle not delivered (short of ninety percent (90%)); and
ii. the PRODUCER being paid for the cattle delivered according to MEATCO’s weekly announced Producer Price instead of the price stipulated in terms of this Contract.
vii) In case of cattle being delivered in excess of 100% of the agreed quantity, as per Schedule B of this contract:
a) additional cattle delivered shall be purchased at MEATCO’s weekly announced Producer Price, at the sole discretion of MEATCO; and
b) the cattle delivered above one hundred percent (100%) of the contract quantity shall be paid in accordance with MEATCO’s weekly announced Producer Price, subject to terms and conditions to be agreed between the Parties.
Appears in 1 contract
Obligations of the Parties. a. As of the Effective Date, Purchaser shall assume and agrees to perform, pay for and comply with the obligations and liabilities (express or implied) of Seller relating to the Property (i) The Parties hereby agree of which Purchaser has knowledge and (ii) to enter into the extent required by this FIXED PRICE Agreement or as set forth in the Official Records, the Associated Contracts, the Leases, or applicable laws or regulations, including without limitation, obligations arising with respect to plugging, abandonment and clearing of all Wells, jackets, and/or platform▇ ▇▇▇ofar and only insofar as such Wells, jackets and platforms ▇▇▇ part of the Property. Except as provided in Section 7g, and except to the extent of Seller's gross negligence or willful misconduct, Purchaser assumes the risk of any change in the condition of the Property from and after the Effective Date and there shall be no reduction in the Purchase Price due to such change in condition of the Property.
b. As set forth generally in Section 1a, Seller and Purchaser acknowledge that certain of Seller's interests in facilities and production in the area of the facilities and production which are part of the Property, including, without limitation, certain undivided interests in the TBPF, do not constitute a part of the Property ("Retained Interests"). Seller and Purchaser acknowledge that, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, SELLER RETAINS ALL LIABILITY FOR THE RETAINED INTERESTS, INCLUDING, WITHOUT LIMITATION, ALL LIABILITY FOR POLLUTION, ENVIRONMENTAL DAMAGE, NORM, INJURY OR DEATH OF ANY PERSONS OR DAMAGE, LOSS OR DESTRUCTION OF ANY PROPERTY (REAL OR PERSONAL) AND ANY AND ALL LIABILITY ASSOCIATED WITH THE PLUGGING AND ABANDONMENT OF FACILITIES, PIPELINES, WELLS AND PLATFORMS TO THE EXT▇▇▇, BUT ONLY TO THE EXTENT, THAT THEY ARE PART OF THE RETAINED INTERESTS AND NOT EXPRESSLY PROVIDED OTHERWISE HEREIN AND SELLER SHALL INDEMNIFY AND SAVE PURCHASER, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS ("PURCHASER INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ALL SUCH LIABILITIES INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND COURT COSTS, ASSOCIATED WITH THE RETAINED INTERESTS.
(i) Seller shall be responsible for eighty percent (80%) of the environmental, plugging and abandonment liabilities attributable to Seller's fifty-one and two tenths percent (51.2%) ownership of the Steelhead Platform (which is part of the Retained Interests) and Purchaser shall be responsible for environmental, plugging and abandonment liabilities for the remainder of the Retained Interests.
(ii) If and when Unocal should resign or be removed as Suboperator of the Steelhead Platform, then Purchaser agrees that upon written request from Seller and provided that, at the time of such request, Seller has an ownership interest in the Steelhead Platform, Purchaser shall take all reasonable and necessary action pursuant to the applicable agreements and to the extent Purchaser can do so without spending other than nominal sums of money (other than sums for which Seller agrees to reimburse Purchaser), to have Seller elected as successor Suboperator of the Steelhead Platform. Purchaser's obligations with respect to having Seller elected successor of the Steelhead Platform are personal to Marathon Oil Company and shall vest only in those of Seller's successors and assigns which are affiliates or subsidiaries of Marathon Oil Company, or which acquire all or substantially all of the assets of Marathon Oil Company.
(iii) Seller shall have full access to the Dolly Varden, King Salmon and ▇▇▇▇▇▇▇▇ CONTRACT▇▇▇tforms and to the TBPF for future gas production activities from the Retained Interests. Seller shall have the right but not the obligation to take over Purchaser's rights and obligations for any slot and wellbore on any of those three platforms prior to final abandonment by Purchaser. Seller's acceptance of a Well and slot shall not relieve Purchaser of any environmental, plugging and abandonment obligations for the platform, facilities, pipelines, slots and Wells at the time of final aban▇▇▇▇▇nt, but Seller, in turn, shall assume the environmental, plugging and abandonment liability for one of the Steelhead oil or water injection wells for each slot (and asso▇▇▇▇▇d Well) which Seller takes over on the Dolly Varden, King Salmon and ▇▇▇▇▇▇▇▇ ▇▇▇tfo▇▇▇. Seller shall reimburse Purchaser for Purchaser's working interest ownership share of any Grayling Gas Sands Well investments made by Purchaser after the Effective Date, for each Well taken over (but not to exceed five hundred thousand dollars ($500,000) for each Well) and shall bear the cost of subsequent facility modifications required by Seller to produce gas well gas from each Well. Purchaser shall not be obligated to maintain these platforms for Seller's future use. Seller shall have the right, but not the obligation, to assume Purchaser's interest and abandonment obligations in any of these platforms prior to Purchaser's committing to abandonment.
iid. Seller shall allow Purchaser to board and inspect the Spurr Platform at Purchaser's ▇▇▇e cost, risk and expense. Purchaser shall be responsible for all liabilities and damages associated with such visits. If, within five (5) MEATCO undertakes to procure the cattle years from the PRODUCER Closing Date, Purchaser elects to drill, redrill or recomplete a well, or establish any oil and gas production operations from the Spurr Platform, then Seller sh▇▇▇ convey such platform to Purchaser at no additional cost to Purchaser subject to mutually agreeable terms, including a requirement that Purchaser shall assume Spurr Platform ownership (wh▇▇▇ includes all environmental, plugging and abandonment liabilities associated with the terms Spurr Platform facilities, wel▇▇ ▇▇d pipelines). Purchase▇ ▇▇▇erstands that the Spurr Platform is inactive and conditions set out herein and▇▇▇l require expenditures to establish production. Seller shall not be obligated to maintain this platform for Purchaser's future use. Purchaser shall have the right, additionallybut not the obligation, in accordance with all the terms and conditions as set out to assume Seller's interest in the Pro Forma Sales AdviceSpurr Platform at any time ▇▇▇▇▇ to Seller's committing to abandonment thereof or sale to a third party. Seller shall allow Purchaser to board and inspect the Spark Platform at Purchaser's sole cost, excluding clause 14 thereofrisk and expense. Until the third anniversary of the Closing Date, annexed hereto Purchaser shall have the option to use the Spark Platform to drill, redrill or recomplete a well, or establish any oil and gas production operations. Subject to mutually agreeable terms, if Purchaser elects to exercise such option, Seller shall sell Seller's interest in the Spark Platform, including developed gas reserves and all other rights of Seller in the associated Leases, to Purchaser for ten million five hundred thousand dollars ($10,500,000) and Purchaser shall assume all obligations for the environmental, plugging and abandonment of the Spark Platform and its facilities, wells, and pipelines. If Purc▇▇▇▇▇ elects to purchase the Spark Platform during the option period, Seller shall thereafter exchange gas pursuant to the agreement described in Section 12e below. Seller shall not be obligated to maintain this platform for Purchaser's future use. If Purchaser does not exercise the foregoing option prior to the third anniversary of the Closing Date, then Purchaser shall have the right, but not the obligation, to assume Seller's interest in this platform prior to Seller's committing to abandonment. If Seller receives a bona fide offer from a third party to purchase the Spark Platform on or after the third anniversary of the Closing Date, Seller shall immediately notify Purchaser of such offer, and Purchaser will then have sixty (60) days in which to match such offer to purchase the Spark Platform pursuant to this Section 12d. Purchaser's failure to match the third party offer in a timely manner will be a waiver of the right of first refusal. The options to purchase the Spark and Spurr Platforms pursuant to thi▇ ▇▇▇tion 12d are personal to Forcenergy Inc and shall vest only in those of its successors and assigns which are affiliates or subsidiaries of Forcenergy, or which succeed to all or substantially all of the assets of Forcenergy Inc.
e. Seller shall, at no additional cost to Purchaser, provide up to 20 BCF of Grayling Gas Sands ("GGS") gas to Purchaser at McArthur River Field, to be use▇ ▇▇▇▇ ▇or fuel gas in the oil operations at McArthur River and Trading Bay ▇▇▇▇▇▇. Seller and Purchaser shall enter into an agreement for the supply of this fuel gas in substantially the same form as “Schedule A”Exhibit "J" hereto. Seller shall exchange (swap) up to 20 BCF of gas with Purchaser with no exchange fee charged by Seller and Seller will not incur any additional costs associated with this gas exchange. This exchange shall be governed by the applicable provisions of a separate agreement in substantially the same form as Exhibit "J" hereto. At Purchaser's election, Seller shall sell gas to Purchaser pursuant to the applicable provisions of a separate agreement in substantially the same form as Exhibit "J" hereto.
iii) The PRODUCER undertakes f. If the owners of Cook Inlet, other than Seller, ▇▇ ▇ot consent to familiarize itself with and comply with all MEATCO procedures and Farm Assured Namibian Meat (“FAN MEAT”) regulations, which will be made available to the PRODUCER at the request of the PRODUCER.
iv) The PRODUCER undertakes to familiarize itself with all export requirements, regulations and requirements Purchaser as determined by the Directorate of Veterinary Services (“DVS”), which will be made available to the PRODUCER at the request of the PRODUCER, and warrants that the cattle delivered will be compliant with export requirements and regulations and be fit for human consumption as determined by the DVS.
v) In order to qualify for the agreed upon price, the PRODUCER shall upon delivery of the cattle to MEATCO, complete and sign a Sales Advice form similar in form to Schedule A to be provided to the Producer by MEATCO and MEATCO shall in turn perform its obligations in terms of Schedule A and verify that the PRODUCER has met a minimum of ninety percent (90%) of the quantity of cattle which such PRODUCER has committed to deliver to MEATCO (the “Minimum Cattle Delivery Amount”) within the specified delivery period as per Schedule B.
vi) Failure by the PRODUCER having adequate financial responsibility to meet the Minimum Cattle Delivery Amountobligations of Seller under the Cook Inlet Funding Agreement ▇▇▇ the Guaranty Agreement, Purchaser agrees to procure and maintain liability insurance, provided such insurance is obtainable at commercially reasonable rates, with financially reputable liability insurance providers, with such deductable and/or self insurance retention levels and in such policy amounts as is commercially reasonable and prudent in connection with the ownership of the Property. Such insurance shall extend to Purchaser's liabilities under the Cook Inlet Funding Agreement ▇▇▇ the Guaranty Agreement. Such insurance shall designate Seller as an additional insured thereunder.
a) Failure g. Seller shall take all necessary action on behalf of Purchaser to insure that Purchaser derives all benefit of Seller in that certain letter agreement dated January 29, 1996 between Seller and Unocal.
h. If Purchaser is ever entitled, as a TBU working interest owner, to vote on the possible expansion of the Grayling Gas Sands WIPA, Purchaser will vote on such question as directed by the PRODUCER written instructions of Seller. If the Grayling Gas Sands WIPA should ever be expanded (horizontally or vertically), Purchaser shall execute the necessary State of Alaska forms to deliver effectuate record title transfer of its interests to Seller in the Minimum Cattle Delivery Amount as per this Contract, shall result in:
i. MEATCO charging TBU Grayling Gas Sands in the PRODUCER expanded area. If Purchaser desires to drill a penalty of Two Thousand Namibian Dollar (N$2 000-00) per each head of cattle not delivered (short of ninety percent (90%)); and
ii. well which results in the PRODUCER being paid for the cattle delivered according to MEATCO’s weekly announced Producer Price instead expansion of the price stipulated in terms of this Contract.
vii) In case of cattle being delivered in excess of 100% Grayling Gas Sands WIPA, Purchaser shall first consult with Seller and, if Seller approves such well, Seller shall reimburse Purchaser for Seller's share of the agreed quantity, as per Schedule B costs of this contract:
a) additional cattle delivered shall be purchased at MEATCO’s weekly announced Producer Price, at such well simultaneously with Purchaser's assignment of record title in the sole discretion of MEATCO; and
b) the cattle delivered above one hundred percent (100%) of the contract quantity shall be paid in accordance with MEATCO’s weekly announced Producer Price, subject expanded Grayling Gas Sands WIPA to terms and conditions to be agreed between the PartiesSeller.
Appears in 1 contract
Obligations of the Parties. i) 2.1 The Parties hereby agree contractor is prepared to enter into this FIXED PRICE ▇▇▇▇▇▇▇▇▇ CONTRACT.
ii) MEATCO undertakes carry out the works shown and described in the contract documents in terms of clause 3.1 hereof for the contract sum and has agreed to procure complete the cattle from the PRODUCER subject to the terms and conditions set out herein and, additionally, works in accordance with all this agreement.
2.2 The employer has agreed to pay the contractor the contract sum at the times and in the manner specified in this agreement and the schedule, which sum shall be subject to adjustment in terms hereof, if, where, and conditions when applicable.
2.3 It is expressly acknowledged that the contract drawings and specifications of each house in the development will be particular to the specific serviced residential erf.
2.4 The contractor confirms that it is duly registered with the National Home Builders Registration Council (NHBRC) as a building contractor and that it will ensure that this contract is duly enrolled as a project to the value prescribed by law with the NHBRC before the commencement of the works, the costs of which shall be borne by the contractor and recovered by him as part of the contract sum. The contractor will be obliged to ensure that inspectors of the NHBRC, as well as the principal agent are informed timeously of progress with the completion of the works and to allow the principal agent to ensure the works have been executed to the standards set by the developer in the Builders Accreditation Agreement before the prescribed inspections by such inspectors is to take place.
2.5 The employer shall not interfere with any action of the contractor, its appointed sub-contractors or any other worker or person responsible for the construction of the works. All inspections, approvals, or disapproval of the building procedures, appointment, and payment of and negotiation with the contractor and other workers, and the general control of the works as a whole, shall be undertaken by the quantity surveyor in consultation with the principal agent and the employer shall accept the discretion and decisions of the principal agent in this regard. The employer hereby irrevocably nominates the principal agent unconditionally and in rem suam as his agent for the purpose as set out in this paragraph and all other instances in this agreement and herewith approves and confirms any and all decisions and/or actions that the Pro Forma Sales Adviceprincipal agent may take, excluding clause 14 thereofor undertake, annexed hereto as “Schedule A”in good faith to conclude the construction of the works.
iii) 2.6 The PRODUCER undertakes employer will be entitled to familiarize itself one visit to the serviced residential erf per month during the construction period by pre-arranged appointment with and comply with as confirmed by the principal agent in writing by email to the employer. During any such visit, the employer shall at all MEATCO procedures times be accompanied by the principal agent, and Farm Assured Namibian Meat (“FAN MEAT”) regulations, which no unaccompanied visit will be made available to the PRODUCER at the request of the PRODUCERallowed.
iv) The PRODUCER undertakes to familiarize itself with all export requirements, regulations and requirements as determined by the Directorate of Veterinary Services (“DVS”), which will be made available to the PRODUCER at the request of the PRODUCER, and warrants that the cattle delivered will be compliant with export requirements and regulations and be fit for human consumption as determined by the DVS.
v) In order to qualify for the agreed upon price, the PRODUCER shall upon delivery of the cattle to MEATCO, complete and sign a Sales Advice form similar in form to Schedule A to be provided to the Producer by MEATCO and MEATCO shall in turn perform its obligations in terms of Schedule A and verify that the PRODUCER has met a minimum of ninety percent (90%) of the quantity of cattle which such PRODUCER has committed to deliver to MEATCO (the “Minimum Cattle Delivery Amount”) within the specified delivery period as per Schedule B.
vi) Failure by the PRODUCER to meet the Minimum Cattle Delivery Amount
a) Failure by the PRODUCER to deliver the Minimum Cattle Delivery Amount as per this Contract, shall result in:
i. MEATCO charging the PRODUCER a penalty of Two Thousand Namibian Dollar (N$2 000-00) per each head of cattle not delivered (short of ninety percent (90%)); and
ii. the PRODUCER being paid for the cattle delivered according to MEATCO’s weekly announced Producer Price instead of the price stipulated in terms of this Contract.
vii) In case of cattle being delivered in excess of 100% of the agreed quantity, as per Schedule B of this contract:
a) additional cattle delivered shall be purchased at MEATCO’s weekly announced Producer Price, at the sole discretion of MEATCO; and
b) the cattle delivered above one hundred percent (100%) of the contract quantity shall be paid in accordance with MEATCO’s weekly announced Producer Price, subject to terms and conditions to be agreed between the Parties.
Appears in 1 contract
Sources: Building Agreement
Obligations of the Parties. i) The Parties hereby agree MMU’s obligations During the Term, MMU shall, at its own costs and expenses, be responsible for the followings: To carry out the research and development works for this Project through its Masters postgraduate students (hereinafter referred to enter into this FIXED PRICE ▇▇▇▇▇▇▇▇▇ CONTRACT.
ii) MEATCO undertakes to procure the cattle from the PRODUCER subject to the terms and conditions set out herein and, additionally, in accordance with all the terms and conditions as set out in the Pro Forma Sales Advice, excluding clause 14 thereof, annexed hereto as “Schedule A”.
iii) The PRODUCER undertakes to familiarize itself with and comply with all MEATCO procedures and Farm Assured Namibian Meat (“FAN MEAT”) regulations, which will be made available to the PRODUCER at the request of the PRODUCER.
iv) The PRODUCER undertakes to familiarize itself with all export requirements, regulations and requirements as determined by the Directorate of Veterinary Services (“DVSResearcher”), whereby the scope of works shall be mutually agreed between MMU and 123RF (hereinafter referred to as “Agreed Scope of Works”). The details of the Agreed Scope of Works are as set forth in Schedule A of this Agreement. Both Parties agree that the Agreed Scope of Works may be varied, amended or changed subject to mutual agreement at any time during the Term of this Agreement. The Agreed Scope of Works need to be carried out by the Researcher on confidential basis; To provide the Publicity Benefits (as defined and specified in Clause 9.3 herein) to 123RF at its own costs and expenses; To nominate the qualified, competent and appropriate candidates (which will have not been convicted for any criminal offences) to 123RF to be made available commissioned as the Researcher to perform the Agreed Scope of Works; If any of the Researcher involved in this Project for any reason ceases his/her studies with MMU during the term of this Agreement, MMU agrees that it shall promptly notify 123RF in writing. If 123RF requires that person to be replaced with a person of similar expertise without further compensation except for the Fund as defined in Clause 4.1 herein, 123RF agrees that MMU shall be given with a reasonable time to provide such replacement, if necessary. For the avoidance of doubt, in event where replacement is applicable, the payment obligation of 123RF pursuant to this Agreement shall be capped at the Fund as defined in Clause 4.1 herein; To disburse the Fund (as defined in Clause 4.1) to the PRODUCER at Researcher and ensure that the request Fund is only utilised for the purposes of carrying out the Agreed Scope of Works; To waive the Researcher’s applicable tuition fee payable to MMU; To actively supervise and monitor the progress of the PRODUCER, and warrants that the cattle delivered will Agreed Scope of Works to be compliant with export requirements and regulations and be fit for human consumption as determined performed by the DVS.
vResearcher pursuant to this Agreement, including handling and administering all operational matters pertaining to the same; To procure the Researcher to execute a non-confidentiality agreement for the purpose of this Project. For the avoidance of doubt, the term of this non-confidentiality agreement shall continue to survive for a further period of five (5) In years upon the termination or expiration of this Agreement; To procure the Researcher to sign all documents reasonably necessary (in the format to be mutually agreed by both Parties for the Researcher to assign all his/her intellectual property rights embodied in the Deliverables to MMU and 123RF (including its successors and assignees), in the agreed portion as stated in this Agreement; To the best of its ability, ensuring the Researcher to respond in a timely manner all enquiries from 123RF in relation to the Deliverables; To procure the Researcher to provide bi-weekly reporting to 123RF on the progress of the Agreed Scope of Works; To handle and administer all operational matters and reasonable requests from the Researcher in order to qualify for allow the agreed upon price, the PRODUCER shall upon delivery of the cattle Researcher to MEATCO, complete and sign a Sales Advice form similar in form to Schedule A to be provided to the Producer by MEATCO and MEATCO shall in turn perform carry out its obligations under this Agreement; To participate in terms of Schedule A various meetings in relation to any matters relating to this Agreement as may be requested by 123RF from time to time; To provide all assistance and verify that the PRODUCER has met support to 123RF for all matters as may be reasonably contemplated in this Agreement; and To respond in a minimum of ninety percent (90%) of the quantity of cattle which such PRODUCER has committed to deliver to MEATCO (the “Minimum Cattle Delivery Amount”) within the specified delivery period as per Schedule B.
vi) Failure by the PRODUCER to meet the Minimum Cattle Delivery Amount
a) Failure by the PRODUCER to deliver the Minimum Cattle Delivery Amount as per this Contract, shall result in:
i. MEATCO charging the PRODUCER a penalty of Two Thousand Namibian Dollar (N$2 000-00) per each head of cattle not delivered (short of ninety percent (90%)); and
ii. the PRODUCER being paid for the cattle delivered according to MEATCO’s weekly announced Producer Price instead of the price stipulated in terms of this Contracttimely manner all communications from 123RF.
vii) In case of cattle being delivered in excess of 100% of the agreed quantity, as per Schedule B of this contract:
a) additional cattle delivered shall be purchased at MEATCO’s weekly announced Producer Price, at the sole discretion of MEATCO; and
b) the cattle delivered above one hundred percent (100%) of the contract quantity shall be paid in accordance with MEATCO’s weekly announced Producer Price, subject to terms and conditions to be agreed between the Parties.
Appears in 1 contract
Sources: Sponsored Research Agreement
Obligations of the Parties. i) The Parties hereby agree to enter into this FIXED PRICE FEEDERS ▇▇▇▇▇▇▇▇▇ CONTRACTPRICE CONTRACT subject to the terms and conditions set out herein.
ii) MEATCO undertakes to procure the cattle from the PRODUCER subject to the terms and conditions set out herein and, additionally, in accordance with all the terms and conditions as set out in the Pro Forma Sales Advice, excluding clause 14 thereof, annexed hereto as “Schedule A”.
iii) The PRODUCER undertakes to familiarize itself with and comply with all MEATCO procedures and Farm Assured Namibian Meat (“FAN MEAT”) regulations, which will be made available to the PRODUCER at the request of the PRODUCER.
iv) The PRODUCER undertakes to familiarize itself with all export requirements, regulations and requirements as determined by the Directorate of Veterinary Services (“DVS”), which will be made available to the PRODUCER at the request of the PRODUCER, and warrants that the cattle delivered will be compliant with export requirements and regulations and be fit for human consumption as determined by the DVS.
v) In order to qualify for the agreed upon price, the PRODUCER shall upon delivery of the cattle to MEATCO, complete and sign a Sales Advice form similar in form to Schedule A to be provided to the Producer by MEATCO and MEATCO shall in turn perform its obligations in terms of Schedule A and verify that the PRODUCER has met a minimum of ninety percent (90%) of the quantity of cattle which such PRODUCER has committed to deliver to MEATCO (the “Minimum Cattle Delivery AmountQuantity”) within the specified delivery period as per Schedule B.
vi) Failure by In order to qualify for the preferential price in accordance with this Contract, the PRODUCER hereby commits to meet deliver to MEATCO the Minimum Cattle Delivery Amount
a) Failure by the PRODUCER to deliver the Minimum Cattle Delivery Amount as per this Contract, shall result in:
i. MEATCO charging the PRODUCER a penalty of Two Thousand Namibian Dollar Quantity being eight (N$2 000-00) per each head 8) loads of cattle not delivered per year, translating to a minimum of two (short of ninety percent (90%)); and
ii. the PRODUCER being paid for the cattle delivered 2) loads per quarter, according to MEATCO’s weekly announced Producer Price instead of the price stipulated in terms of this Contract.
vii) In case of cattle being delivered in excess of 100% of the agreed quantity, as per load sizes in Schedule B of this contract:
a) additional cattle delivered shall be purchased at MEATCO’s weekly announced Producer Price, at the sole discretion of MEATCO; and
b) the cattle delivered above one hundred percent (100%) of the contract quantity shall be paid in accordance with MEATCO’s weekly announced Producer Price, subject to terms and conditions to be agreed between the Parties.B.
Appears in 1 contract
Sources: Feeders Slaughter Price Contract