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Agmt26 Terryberry
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Agmt26 Terryberry
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Entry Properties
Last modified
8/7/2026 2:18:22 PM
Creation date
8/7/2026 2:17:56 PM
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Template:
Agreement
PROJECT NAME
Terryberry Employee Service Awards Agreement
RMP File Number
304.5
Date
8/6/2026
Text box
ID:
1
Creator:
REDWOOD_CITY\NANCYRAMIREZ
Created:
8/7/2026 2:18 PM
Modified:
8/7/2026 2:18 PM
Text:
http://www.terryberry.com/
ID:
2
Creator:
REDWOOD_CITY\NANCYRAMIREZ
Created:
8/7/2026 2:18 PM
Modified:
8/7/2026 2:18 PM
Text:
http://www.terryberry.com/
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2033 Oak Industrial Dr. NE, Grand Rapids, MI 49505 www.terryberry.com <br />REV: 08-05-26 VR <br />9/36 <br />v. No Liability. In addition to the disclaimers, limits on liability and indemnification obligations applicable to Customer and its <br />Authorized Users as set forth in the Agreement, Customer waives and releases Terryberry, its officers, directors, employees, agents, <br />and assigns from any liabilities, damages and costs arising from or related to (i) Customer or its Authorized Users’ loss or the theft <br />of any Third-Party Rewards Goods; and (ii) any act or omission of an Third-Party Rewards Goods Provider in connection with any <br />Third-Party Rewards Goods it provides. <br />vi. Compliance with Laws. The Third-Party Rewards Goods are made available to Customer and its Authorized Users solely for lawful <br />purposes and uses. Customer will comply with, and will ensure that Customer’s Authorized Users comply with, all Applicable Laws. <br />vii. Pricing. Prices for Third-Party Reward Goods communicated to Customer outside of an invoice—including, without limitation, <br />catalogs provided for Third-Party Reward Goods—are for informational purposes only and do not include Indirect Taxes, shipping <br />and handling fees, or processing charges. Prices for Third-Party Rewards Goods are estimates and may be adjusted upon issuance <br />of an invoice. <br /> <br />MANUFACTURING SUPPLY AGREEMENT <br />TERRYBERRY COMPANY, LLC AND/OR ITS AFFILIATES SET FORTH IN AN APPLICABLE ORDER (“TERRYBERRY”) IS WILLING TO <br />MANUFACTURE CERTAIN GOODS FOR YOU AS THE COMPANY OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE GOODS <br />(REFERENCED BELOW AS “CUSTOMER”) ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT (AS <br />DEFINED BELOW). BY ENTERING INTO THIS AGREEMENT ON BEHALF OF THE CUSTOMER, YOU REPRESENT THAT YOU HAVE THE <br />LEGAL AUTHORITY TO BIND THE CUSTOMER TO THIS AGREEMENT. CUSTOMER AND TERRYBERRY MAY EACH ALSO BE REFERRED <br />TO AS A “PARTY” AND TOGETHER, THE “PARTIES”. <br />PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ORDERING THE GOODS. THIS MANUFACTURING SPUPLY AGREEMENT <br />(“AGREEMENT”) CONSTITUTES A LEGAL AND ENFORCEABLE CONTRACT BETWEEN CUSTOMER AND TERRYBERRY. BY INDICATING <br />CONSENT ELECTRONICALLY, OR ORDERING OR OTHERWISE USING THE GOODS, CUSTOMER AGREES TO THE TERMS AND <br />CONDITIONS OF THIS AGREEMENT. THIS MANUFACTURING AND SUPPLY AGREEMENT SETS FORTH THE TERMS AND CONDITIONS <br />UNDER WHICH TERRYBERRY WILL PROVIDE THE GOODS TO CUSTOMER, EACH PARTY’S RESPONSIBILITIES HEREUNDER, AND THE <br />FEES RELATED THERETO. <br />The Parties hereby agree as follows: <br />1. PURCHASE AND SALE OF GOODS <br />1.1. Purchase and Sale. Subject to the terms and conditions of this Manufacturing Agreement, during the Term, Customer shall <br />purchase from Terryberry, and Terryberry shall manufacture and sell to Customer, Customer's requirements of the Goods. Each <br />Order shall contain: (a) a description of the Goods to be manufactured and sold hereunder; (b) the purchase price for each of the <br />Goods; and (c) the quantity of the Goods. The Parties shall, from time to time, amend an Order, or issue a new Order, to reflect any <br />agreed revisions to any of the terms described in the foregoing clauses (a)-(c) in accordance with the amendment provisions set <br />forth in this Manufacturing Agreement. <br />1.2. Terms of Manufacturing Agreement Prevail Over Customer's Purchase Order. The Parties intend for the express terms and <br />conditions contained in this Manufacturing Agreement (including any applicable Orders or Exhibits hereto) to exclusively govern and <br />control each of the Parties' respective rights and obligations regarding the subject matter of this Manufacturing Agreement, and this <br />Manufacturing Agreement is expressly limited to such terms and conditions. Without limitation of the foregoing, any additional, <br />contrary, or different terms contained in any Purchase Order or other request or communication by Customer pertaining to the sale <br />of Goods by Terryberry, and any attempt to modify, supersede, supplement or otherwise alter this Manufacturing Agreement, will <br />ATTY/AGR.2026.217/Terryberry (Employee Service Awards) (Page 9 of 36)
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