MOMUL TEA FACTORY PLC. x 7 P.O. BOX 2032 v nat Bara KERICHO. oe TEL; 0796 0: E-mail: info@momul [Link]. GREEN LEAF SYPPLY AGREEMENT AS PER TEA ACT, 2020 (GENERAL) REGULATIONS, 2023, RAINFOREST ALLIANCE AND FAIRTRADE REQUIREMENTS THIS AGREEMENT is made this. Day of. ...20.....BETWEEN: A MOMUL TEA FACTORY LTD of P.O. Box (Hereinafter referred to as “The Factory" which expression shall,where the context so admits include its successors and assigns) on the one part; and [Link]./Mrs.. of 1D. Number. OF P.O. Box ... and Telephone Number. {hereinafter referred to as. “The Grower” which expression shail, where the context so admits include his personal representatives and assigns} of the other part: WHEREAS:- (a) The grower has registered, Grower Number... supply Green Leaf to the Factory; {b) Location of Tea Grower/Out-grower tea farm: (i) Sub-location {ii) Location... (iii)Ward (iv)Sub-County.... Kericho County (vi) GPS Location.. (where applicable}, (c) Title Deed Number of the farm/farms “LR No. of Nos. {d) Size of the growers’ farm: acres. (e) Area of the growers farm planted with tea.. (f) Number of tea bushes in (e)above... (g) Estimated Annual Green Leaf Production 4.0 DURATION OF AGREEMENT ...of the Momul Factory and intends to -avaind shall continue in force for a 1.1 This Agreement shall commence on... period of........years, Subject to termination by either party glving to the other ONE MONTH (1) written notice. = 1.2 The agreement may be renewed upon such terms and conditions as may be agreed between the TWO pate 1.3 This agreement may be amended or varied as may be required from time to time by mutual written consent of the parties. 1.4 Any party wishing to review the terms and conditions of the agreement shall give at least one (2)‘onth's written notice to the other party highlighting-the terms they wish to review. 1.5 The terms and conditions of this agreement shall subsist during any period of review of the contract by the parties 2.0 THE GROWER RESPONSIBILITIES / OBLIGATIONS 2.1 The grower shall farm and produce good quality green leaf for processing using the best farming methods to ensure high quality yields while following guidelines of Good Agricultura) Practices (GAP) 2.2 The grower will arrange for all green leaf produced from his farm to be delivered in suitable leaf containers to the nearest designated Tea Leaf Collection Centre as and when such green leaf becomes ready for delivery at such times and on such days as have been agreed with the Factory; 2.3 The grower shall sell to the Factory good quality green leaf as per the Leaf standard specified from time to time; 2.4 The grower shall apply the type and quantity fertilizer specified to the tea plants to ensure high productivity and production of quality leaf as guided by the factory extension officers from time to time 2.5 The grower shall not sell or offer for sale green Jeaf for the parcel of land registered with the tea factory to any other person other than tea factory. 2.6 The grower wishing to change delivery of their green leaf to another factory shall besides giving one ( month's written notice, shall clear all their obligations with the tea factory. 2.7 The grower shall only sell or offer for sale the green leaf produced from his/her registered parcel of land. This will facilitate traceability of tea produced and control green leaf malpractices. In case of leased tand parcels, the factory shall clearly indicate and attach copies of leasehold agreements in the growers GLA; 2.8 The growers shall promptly inform the tea factory of changes on the particulars of the registered parcel of land affecting the number of tea bushes or its ownership 2.9 commit to Rainforest Alliance Sustainable Agriculture Standards and other certifications standards, accept internal inspections, external audits, sanctions, rules and appeal and willingness to appeal or resign from the program and. shall submit only the product from farms as certified. 2.10 The grower shall be bound to sell to the Factory good quality green leaf as per the Leaf standard specified (2 leaves and a bud) from time to time in this case 68% good leaf. 2.1ithe grower shall apply the type and quantity fertilizer specified to the tea plants to ensure high productivity and production of quality leaf as guided by the factory extension officers from time to time. 2.42 Shall not use prohibited chemicals by Pest Control Products Board, WHO, RA and Fairtrade in the cases for control of weeds in crops or pests in livestock. 2.13 Commit to keep a Farm Management Plan for records of farm operations such as; plucking, pruning, fertilizer application, weeds control, pest and disease control and profits and losses. 2.14 The grower shall supply green leaf from their own farm and never engage in tea hawking. 2.15 The grower shall agree to share such member's farm data (such as geo-data, volumes, area etc.) with group management and the Rainforest Alliance for use, publication and sharing within the supply chain as described in the Rainforest Alliance General Terms and Conditions and its Privacy Policy. 3.0 THE FACTORY'S RESPONSIBILIIES/OBLIGATIONS 3.1 The tea factory shall, offer technical advisory services to the tea grower on field extension Services,Good Agricultural Practices (GAPS) for optimal production of high-quality green leaf, 3.2 The Factory in consultation with the tea grower or tea grower representatives shall set a timetable for green leaf collection. 3.3 The timetable for Green Leaf Collection shall be prominently displayed at the Leaf Collection Centre in ‘a language that is understood by a majority of the tea growers. 3.4 The tea factory shall ensure green leaf is collected as scheduled. In case the tea factory is not able to collect green leaf in accordance with the set timetable, it shall give reasonable notice to the grower ofand as it makes alternative arrangements to collect the green leaf; 3.5 The tea factory shall ensure that green leaf is carried in clean, hygienic and well designed vehicles that allow free air circulation, prevent contamination and maintain the quality of the leaf; 3.6 in case the factory falls to perform its obligations as stipulated above, it shall make good of any claim for damage or compensation of late or non-collection of the green leaf from the grower. 3.7 Provided that if the failure by the tea factory to collect the green leaf as set in the time table for green icaf collection is due to force majeure the tea factory shall not be liable to compensate the tea grower for the loss of green leaf. 3.8 The Factory shall inform the tea grower of its inability to collect green leaf as per the set timetable due to force majeure within a reasonable time after such occurrence. 3.9 The Factory shall ensure proper and accurate weighing of green leaf, free from falsification and ‘manipulation of the weighing scales. In this regard, the tea factory shall be held responsible for any cases of inaccurate weighing of green leaf, uncalibrated weighing scales or manipulated weighing scales. Further, the Factory shall ensure green leaf weighing scales are accurate, properly calibrated and confirmed regularly by the weights & measures department. 3.9 The Factory shall from time-to-time source farm inputs like fertilizer that will be issued to the Growers depending on farm size and needs 4,0 DELIVERY OF GREEN LEAF A.A All green leaf from the tea grower delivered to the Factory shall be verified and weighed by the factory within a reasonable time after delivery to ensure conformity to the Leaf Standards and the weight recorded. 42.2 The grower or their representative shall be entitled to be present or to be represented at such weighing and examination. 43 The property and risk in the green leaf accepted by the Factory will pass to the Factory upon completion of such verification and weighing. 4.4 Green Leaf shall be collected as per the green’ Jeaf collection timetable displayed at the Leaf Collection Centre. 4.5 The Factory shall cause to be displayed at every Leaf Collection Centre a Service Charter displaying relevant information including, Green Leaf Collection Timetable, Green Leaf Quality Standards, Input distribution, Payment Procedures. 1.6 The Factory shall make necessary arrangements of providing the above and any other relevant growers information in digital platforms accessible by the grower. 5.0 PAYMENTS TO THE GROWER 5.1 The Factory shall on monthly basis pay tea growers for delivery of green leaf in accordance with the Tea Act, 2020 and the Regulations made thereof. 5.2 The balance due to the tea grower from the proceeds of sale of tea during the year shall be paid in accordance with the Tea Act, 2020 and the Regulations made thereof. 6.0 TERMINATION 6.1 Notwithstanding anything to the contrary herein before contained, this Agreement may be terminated by either party as follows: -(a) by service of a written notice of termination, if a party falls to remetly any breath of this agreement within 30 days after service of a written notice specifying the breach and requiring it to be remedied; (b) forthwith and without notice, in the event of the grower ceasing to Brow tea; 6.2 Any termination under the provision of this clause shalt be without prejudice to any claim for damages gad any rights and remedies of either party against the other in respect of any breach of any of the terms ard conditions of this agreement whether giving rise to such termination or antecedent thereto6.3 Provided that a party shall be required to fulfill any dutstanding obligations that they may have to the other party notwithstanding the termination of the contract under clause 6.1 above 7.0 DISPUTE RESOLUTION + ‘Any complaint arising between the parties in connection with the agreement and the review thereof shall be submitted to the Tea Board of Kenya, within 14 days after a party first serves noticé to the other of such dispute. Any such complaint shall be conducted in accordance with the complaints and investigation procedure specified under Section 62 of the Tea Act, 2020 and any other relevant laws, Tea Factory By Laws and Certification requirements on Dispute handling procedures. IN WITNESS whereof this agreement has been duly executed by or on behalf of the parties. Sealed with the common seal of ‘TEA FACTORY LIMITED. In the presence of Date:}) Name of Tea Grower:~ Date:- Signed by the Tea Grower :~“CENTRENAME en enn POBOX ees YO THE FSC MOMUL TEA FACTORY, PO.80¥. 2032, KERICHO Dear siffeadenn QUEST FoR RA NEW NURIEER AT Mon. nIONO. é ponted in tne above buying center thay isin the farm plot/tine uO. .stish to apply tor vision of tea bu ‘nd well mena zed tea bushes pla the yer... BANK NANIC! BARK ACCOUNT Hi balay RRR cOUNTY, EXE OF fates Yours try ATTACH 4OTE-COAY OF wEUrrY cAAD,+e\ KTDA Fea excroer 1D. TRRSTTNTERRAC INSPECTION CHECRIST - SOHO” STANDARD FOR BAINFOREST AUTRE CERTIFICATION FUGCRAMT ae oa |.FARM BASELINE INFORMATION, Name of Farm Owner: ______ Name of Farm Operator (if not the owe) : CPS Location: Longitude, Lantude Ferm Unit No___Of_ eer of Beth Prone No. = Forme Reghtration No. Total Farm Sie (t), Natural Ecosystem Acrenr, _Total Production Area (Att) Howehold sie crop” Crop Popution Crop Varaty Clone) Crop Ame: Rotation ree a. me as a. um ofeapectr, Date ign ca RepSee a A a ROCA RCT haat es eg Ope ene ene estwara arxoer Fr ris a Db Beleator —— Pion. Year 0 —Sign