This Contract Manufacturing and Packaging Agreement ("Agreement") is entered into effective March 1, 2004, by and between XYZ Beverage Company ("Customer"), a corporation organized and existing under the laws of the _____________ with its principle place of business at _______________, on the one hand, and ABC Beverage Co., Inc. ("Contractor"), a corporation organized and existing under the laws of the ___________ with its principal place of business at __________________.RecitalsWHEREAS, Customer desires that Contractor pack apple juice and apple grape juice products in 64 ounce PET plastic packaging for the WIC program on an exclusive basis as well as such juice products and additional juice products in 64 ounce PET plastic packing for general sale by Customer as well as other juice products in different size containers as Customer and Contractor may from time to time agree on Said Products are set forth in Exhibit I attached hereto and made a part hereof. The aforesaid products are hereinafter collectively referred to as "Product";WHEREAS, Contractor desires to pack Product for Customer at Contractor'sfacility at ______________ ("Contractor's Facility" or "Anaheim Facility");NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, Customer and Contractor mutually agree as follows:
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