WRITTEN, NONBINDING FORECASTS
OF THE BUYER'S PURCHASE REQUIREMENTS FOR EACH OF THE INGREDIENTS FOR THE
FOLLOWING 3 MONTHS.
1.7
CREDIT.
UPON EXECUTION OF THIS AGREEMENT, BUYER SHALL DEPOSIT ***
WITH SUPPLIER.
ON MONDAY OF EACH WEEK DURING THE TERM OF THIS AGREEMENT,
SUPPLIER WILL SEND BUYER A STATEMENT LISTING THE BALANCE DUE FOR OUTSTANDING
INGREDIENTS SHIPMENTS AND BUYER WILL PAY THE BALANCE DUE ON SUCH STATEMENT ON
TUESDAY OF EACH WEEK BY ELECTRONIC FUNDS TRANSFER.
IF EITHER MONDAY OR TUESDAY
IS A HOLIDAY, THEN THE RESPECTIVE INVOICING AND/OR PAYMENT WILL BE DELAYED TO
THE FOLLOWING BUSINESS DAY RESPECTIVELY.
FROM TIME TO TIME, SUPPLIER RESERVES
THE RIGHT TO MODIFY THE CREDIT TERMS EXTENDED TO BUYER UNDER THIS AGREEMENT.
1.8
ADDITIONAL TERMS:
THE PARTIES HEREBY AGREE THAT THE TERMS
CONTAINED IN SUPPLIER'S STANDARD PRODUCT CONTRACT ATTACHED HERETO AS EXHIBIT C
SHALL SERVE TO SUPPLEMENT THE TERMS OF THIS AGREEMENT BUT THIS AGREEMENT SHALL
CONTROL OVER ANY TERMS OF THE PRODUCT CONTRACT THAT MODIFY OR CONTRADICT THE
TERMS OF THIS AGREEMENT.
2.
PURCHASE PRICE.
2.1
THE PRICE TO BE PAID BY BUYER FOR FLOUR INGREDIENTS SHALL BE BASED
ON THE FORMULAS SET FORTH IN EXHIBIT "B".
2.2
SUPPLIER SHALL PROVIDE A PRICING SHEET FOR THE INGREDIENTS ON A
***BASIS AND SUCH PRICING SHALL BE EFFECTIVE UNTIL SUPPLIER PROVIDES A NEW
PRICING SHEET.
SUPPLIER AGREES, AT A MINIMUM, TO PROVIDE AN UPDATED PRICING
SHEET TO BUYER *** AND SUPPLIER RESERVES THE RIGHT TO UPDATE THE PRICING SHEET
ON *** BASIS.
THE PRICING SHEETS WILL CONTAIN THE CURRENT *** PRICING FOR THE
INGREDIENTS BY MONTH FOR THE NEXT *** PERIOD.
THE PURCHASE PRICE FOR THE
INGREDIENTS SOLD HEREUNDER WILL BE BASED ON THE *** PRICING SHEET OR *** PRICING
SHEET, IF
*** indicates that material deemed confidential has been omitted from this
document pursuant to a request for confidential treatment under Exchange Act
Rule 24b-2 and 5 U.S.C. 552(b)(4) and has been filed separately with the Office
of the Secretary of the Securities and Exchange Commission
2
APPLICABLE, CORRESPONDING TO THE DATE AND TIME OF BUYER'S ORDER AND SHALL BE SET
FORTH IN A WRITTEN OR ELECTRONIC CONFIRMATION WHICH SHALL BE SUBJECT TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT.
2.3
THE LABOR COMPONENTS OF THE MARGIN CHARGE WILL BE ADJUSTED *** BY
THE PERCENT CHANGES (WHETHER UP OR DOWN) IN THE BUREAU OF LABOR AND STATISTICS
PRODUCER PRICE INDEX FOR NON-FARM BUSINESS UNIT LABOR COST.
THE ENERGY
COMPONENTS OF THE MARGIN CHARGE WILL BE ADJUSTED *** BY THE PERCENT CHANGES
(WHETHER UP OR DOWN) IN THE BUREAU OF LABOR AND STATISTICS PRODUCER PRICE INDEX
FOR COMMERCIAL ELECTRIC POWER.
SHOULD THE BUREAU OF LABOR AND STATISTICS CEASE
REPORTING THE PRODUCER PRICE INDEX FOR EITHER OF THE ABOVE INDICES, THEN THE
ADJUSTMENTS FOR BOTH LABOR AND ENERGY SHALL BE BASED ON THE PERCENTAGE CHANGES
IN THE BUREAU OF LABOR AND STATISTICS PRODUCER PRICE INDEX FOR INTERMEDIATE
MATERIALS, SUPPLIES AND COMPONENTS.
3.
MARKET INFORMATION.
AN IMPORTANT
COMPONENT OF THE SERVICE SUPPLIER PROVIDES TO BUYER IS