Common use of Delivery Frequency Clause in Contracts

Delivery Frequency. Routing - DISTRIBUTOR will provide each Operator with a minimum delivery frequency based on annual case volume as shown below as long as the Operator meets the minimum order requirements set forth in Section 5 hereof: Less than 1,000 cases Every 4 weeks Every 4 weeks 1,000-1,999 cases Every 3 weeks Every 4 weeks 2,000-3,499 cases Every week Every 2 weeks Greater than 3,499 cases Every week Every week This schedule is intended to serve as a guideline only and DISTRIBUTOR agrees to provide additional regular deliveries as requested by Operator and approved by COMPANY in writing. COMPANY will provide DISTRIBUTOR with the initial delivery frequency for each Store in Schedule 3. COMPANY and DISTRIBUTOR will mutually agree on the exact date for routing changes from summer to winter and winter to summer but each period will be approximately six (6) months with summer routing from April through September and winter routing from October through March. In the event an emergency delivery is required based upon the Operator’s needs and not due to a delivery error by DISTRIBUTOR nor during the time periods specified in Section 2.08, DISTRIBUTOR will accommodate the Operator’s request with the most efficient available delivery method. All additional freight expense will be at the Operator’s expense and will be billed upon DISTRIBUTOR’s receipt of the invoice from the shipping agent. If DISTRIBUTOR is able to schedule such an emergency delivery in conjunction with a nearby route, the additional freight expense will be [CONFIDENTIAL](1). Where possible, a store may order up to [CONFIDENTIAL](2) cases to be delivered to a nearby store, on that store’s delivery day (and with that store’s consent) without an additional charge. Products delivered to a nearby store will be billed on a separate invoice. Should the need arise for an emergency or special delivery due to supplier error, DISTRIBUTOR and COMPANY will work with the supplier to remedy the shortage at the supplier’s expense. If supplier fails to pay the additional freight expense, COMPANY will be required to do so provided DISTRIBUTOR notifies COMPANY immediately of supplier non-performance. If an emergency delivery is necessary due to DISTRIBUTOR error, DISTRIBUTOR will arrange a special delivery with any additional freight to be paid by DISTRIBUTOR. DISTRIBUTOR will arrange its routes to insure that its delivery trucks will be in all markets (SMSA’s of at least 250,000 population) within each Territory at least once a week where at least twenty-five (25) Stores serviced by DISTRIBUTOR under this Agreement are located.

Delivery Frequency. Routing - DISTRIBUTOR will provide each Operator with a minimum delivery frequency based on annual case volume as shown below as long as the Operator meets the minimum order requirements set forth in Section 5 hereof: : (1) Confidential treatment has been requested for the redacted portion. The confidential, redacted portions have been filed separately with the SEC. Less than 1,000 200 cases 4 deliveries during a 12 month period 200-349 cases 6 deliveries during a 12 month period 350-499 cases 8 deliveries during a 12 month period 500-999 cases Every 4 weeks Every 4 weeks 1,000-1,999 cases Every 3 weeks Every 4 weeks 2,000-3,499 cases Every week Every 2 weeks Greater than 3,499 cases Every week Every week This schedule is intended to serve as a guideline only and DISTRIBUTOR agrees to provide additional regular deliveries as requested by Operator and approved by COMPANY in writing. COMPANY will provide DISTRIBUTOR with the initial delivery frequency for each Store in Schedule 3. COMPANY and DISTRIBUTOR will mutually agree on the exact date for routing changes from summer to winter and winter to summer but each period will be approximately six (6) months with summer routing from April through September and winter routing from October through March. In the event an emergency delivery is required based upon the Operator’s needs and not due to a delivery error by DISTRIBUTOR nor during the time periods specified in Section 2.082.06, DISTRIBUTOR will accommodate the Operator’s request with the most efficient available delivery method. All additional freight expense will be at the Operator’s expense and will be billed upon DISTRIBUTOR’s receipt of the invoice from the shipping agent. If DISTRIBUTOR is able to schedule such an emergency delivery in conjunction with a nearby route, the additional freight expense will be [CONFIDENTIAL](1CONFIDENTIAL](2). Where possible, a store may order up to [CONFIDENTIAL](2CONFIDENTIAL](3) cases to be delivered to a nearby store, on that store’s delivery day (and with that store’s consent) without an additional charge. Products delivered to a nearby store will be billed on a separate invoice. Should the need arise for an emergency or special delivery due to supplier error, DISTRIBUTOR and COMPANY will work with the supplier to remedy the shortage at the supplier’s expense. If supplier fails to pay the additional freight expense, COMPANY will be required to do so provided DISTRIBUTOR notifies COMPANY immediately of supplier non-performance. If an emergency delivery is necessary due to DISTRIBUTOR error, DISTRIBUTOR will arrange a special delivery with any additional freight to be paid by DISTRIBUTOR. (2) Confidential treatment has been requested for the redacted portion. The confidential, redacted portions have been filed separately with the SEC. (3) Confidential treatment has been requested for the redacted portion. The confidential, redacted portions have been filed separately with the SEC. DISTRIBUTOR will arrange its routes to insure that its delivery trucks will be in all markets (SMSA’s of at least 250,000 population) within each Territory at least once twice a week where at least twenty-five (25) Stores serviced by DISTRIBUTOR under this Agreement are located.

Delivery Frequency. Routing - DISTRIBUTOR will provide each Operator with a minimum delivery frequency based on annual case volume as shown below as long as the Operator meets the minimum order requirements set forth in Section 5 hereof: : (1) Confidential treatment has been requested for the redacted portion. The confidential, redacted portions have been filed separately with the SEC. Less than 1,000 200 cases 4 deliveries during a 12 month period 200-349 cases 6 deliveries during a 12 month period 350-499 cases 8 deliveries during a 12 month period 500-999 cases Every 4 weeks Every 4 weeks 1,000-1,999 cases Every 3 weeks Every 4 weeks 2,000-3,499 cases Every week Every 2 weeks Greater than 3,499 cases Every week Every week This schedule is intended to serve as a guideline only and DISTRIBUTOR agrees to provide additional regular deliveries as requested by Operator and approved by COMPANY in writing. COMPANY will provide DISTRIBUTOR with the initial delivery frequency for each Store in Schedule 3. COMPANY and DISTRIBUTOR will mutually agree on the exact date for routing changes from summer to winter and winter to summer but each period will be approximately six (6) months with summer routing from April through September and winter routing from October through March. In the event an emergency delivery is required based upon the Operator’s needs and not due to a delivery error by DISTRIBUTOR nor during the time periods specified in Section 2.082.06, DISTRIBUTOR will accommodate the Operator’s request with the most efficient available delivery method. All additional freight expense will be at the Operator’s expense and will be billed upon DISTRIBUTOR’s receipt of the invoice from the shipping agent. If DISTRIBUTOR is able to schedule such an emergency delivery in conjunction with a nearby route, the additional freight expense will be [CONFIDENTIAL](1). CONFIDENTIAL](2) Where possible, a store may order up to [CONFIDENTIAL](2CONFIDENTIAL](3) cases to be delivered to a nearby store, on that store’s delivery day (and with that store’s consent) without an additional charge. Products delivered to a nearby store will be billed on a separate invoice. Should the need arise for an emergency or special delivery due to supplier error, DISTRIBUTOR and COMPANY will work with the supplier to remedy the shortage at the supplier’s expense. If supplier fails to pay the additional freight expense, COMPANY will be required to do so provided DISTRIBUTOR notifies COMPANY immediately of supplier non-performance. If an emergency delivery is necessary due to DISTRIBUTOR error, DISTRIBUTOR will arrange a special delivery with any additional freight to be paid by DISTRIBUTOR. (2) Confidential treatment has been requested for the redacted portion. The confidential, redacted portions have been filed separately with the SEC. (3) Confidential treatment has been requested for the redacted portion. The confidential, redacted portions have been filed separately with the SEC. DISTRIBUTOR will arrange its routes to insure that its delivery trucks will be in all markets (SMSA’s of at least 250,000 population) within each Territory at least once twice a week where at least twenty-five (25) Stores serviced by DISTRIBUTOR under this Agreement are located.

Delivery Frequency. Routing - DISTRIBUTOR will provide each Operator with a minimum delivery frequency based on annual case volume as shown below as long as the Operator meets the minimum order requirements set forth in Section 5 hereof: Less than 1,000 cases 4 deliveries during a 12 month period 200-349 cases 6 deliveries during a 12 month period 350-499 cases 8 deliveries during a 12 month period 500-999 cases Every 4 weeks Every 4 weeks 1,000-1,999 cases Every 3 weeks Every 4 weeks 2,000-3,499 cases Every week Every 2 weeks Greater than 3,499 cases Every week Every week This schedule is intended to serve as a guideline only and DISTRIBUTOR agrees to provide additional regular deliveries as requested by Operator and approved by COMPANY in writing. COMPANY will provide DISTRIBUTOR with the initial delivery frequency for each Store in Schedule 3. COMPANY and DISTRIBUTOR will mutually agree on the exact date for routing changes from summer to winter and winter to summer but each period will be approximately six (6) months with summer routing from April through September and winter routing from October through March. In the event an emergency delivery is required based upon the Operator’s needs and not due to a delivery error by DISTRIBUTOR nor during the time periods specified in Section 2.082.06, DISTRIBUTOR will accommodate the Operator’s request with the most efficient available delivery method. All additional freight expense will be at the Operator’s expense and will be billed upon DISTRIBUTOR’s receipt of the invoice from the shipping agent. If DISTRIBUTOR is able to schedule such an emergency delivery in conjunction with a nearby route, the additional freight expense will be [CONFIDENTIAL](1CONFIDENTIAL](5). Where possible, a store may order up to [CONFIDENTIAL](2CONFIDENTIAL](6) cases to be delivered to a nearby store, on that store’s delivery day (and with that store’s consent) without an additional charge. Products delivered to a nearby store will be billed on a separate invoice. Should the need arise for an emergency or special delivery due to supplier error, DISTRIBUTOR and COMPANY will work with the supplier to remedy the shortage at the supplier’s expense. If supplier fails to pay the additional freight expense, COMPANY will be required to do so provided DISTRIBUTOR notifies COMPANY immediately of supplier non-performance. If an an (5) Confidential treatment has been requested for the redacted portion. The confidential, redacted portions have been filed separately with the SEC. (6) Confidential treatment has been requested for the redacted portion. The confidential, redacted portions have been filed separately with the SEC. emergency delivery is necessary due to DISTRIBUTOR error, DISTRIBUTOR will arrange a special delivery with any additional freight to be paid by DISTRIBUTOR. DISTRIBUTOR will arrange its routes to insure that its delivery trucks will be in all markets (SMSA’s of at least 250,000 population) within each Territory at least once twice a week where at least twenty-five (25) Stores serviced by DISTRIBUTOR under this Agreement are located.

Delivery Frequency. Routing - DISTRIBUTOR will provide each Operator with a minimum delivery frequency based on annual case volume as shown below as long as the Operator meets the minimum order requirements set forth in Section 5 hereof: Less than 1,000 200 cases 4 deliveries during a 12 month period 200-349 cases 6 deliveries during a 12 month period 350-499 cases 8 deliveries during a 12 month period 500-999 cases Every 4 weeks Every 4 weeks 1,000-1,999 cases Every 3 weeks Every 4 weeks 2,000-3,499 cases Every week Every 2 weeks Greater than 3,499 cases Every week Every week week (1) Confidential treatment has been requested for the redacted portion. The confidential, redacted portions have been filed separately with the SEC. This schedule is intended to serve as a guideline only and DISTRIBUTOR agrees to provide additional regular deliveries as requested by Operator and approved by COMPANY in writing. COMPANY will provide DISTRIBUTOR with the initial delivery frequency for each Store in Schedule 3. COMPANY and DISTRIBUTOR will mutually agree on the exact date for routing changes from summer to winter and winter to summer but each period will be approximately six (6) months with summer routing from April through September and winter routing from October through March. In the event an emergency delivery is required based upon the Operator’s needs and not due to a delivery error by DISTRIBUTOR nor during the time periods specified in Section 2.082.06, DISTRIBUTOR will accommodate the Operator’s request with the most efficient available delivery method. All additional freight expense will be at the Operator’s expense and will be billed upon DISTRIBUTOR’s receipt of the invoice from the shipping agent. If DISTRIBUTOR is able to schedule such an emergency delivery in conjunction with a nearby route, the additional freight expense will be [CONFIDENTIAL](1CONFIDENTIAL](2). Where possible, a store may order up to [CONFIDENTIAL](2CONFIDENTIAL](3) cases to be delivered to a nearby store, on that store’s delivery day (and with that store’s consent) without an additional charge. Products delivered to a nearby store will be billed on a separate invoice. Should the need arise for an emergency or special delivery due to supplier error, DISTRIBUTOR and COMPANY will work with the supplier to remedy the shortage at the supplier’s expense. If supplier fails to pay the additional freight expense, COMPANY will be required to do so provided DISTRIBUTOR notifies COMPANY immediately of supplier non-performance. If an emergency delivery is necessary due to DISTRIBUTOR error, DISTRIBUTOR will arrange a special delivery with any additional freight to be paid by DISTRIBUTOR. DISTRIBUTOR will arrange its routes to insure that its delivery trucks will be in all markets (SMSA’s of at least 250,000 population) within each Territory at least once a week where at least twenty-five (25) Stores serviced by DISTRIBUTOR under this Agreement are located.

Delivery Frequency. Routing - DISTRIBUTOR will provide each Operator with a minimum delivery frequency based on annual case volume as shown below as long as the Operator meets the minimum order requirements set forth in Section 5 hereof: Less than 1,000 200 cases 4 deliveries during a 12 month period 200-349 cases 6 deliveries during a 12 month period 350-499 cases 8 deliveries during a 12 month period 500-999 cases Every 4 weeks Every 4 weeks 1,000-1,999 cases Every 3 weeks Every 4 weeks 2,000-3,499 cases Every week Every 2 weeks Greater than 3,499 cases Every week Every week week (1) Confidential treatment has been requested for the redacted portion. The confidential, redacted portions have been filed separately with the SEC. This schedule is intended to serve as a guideline only and DISTRIBUTOR agrees to provide additional regular deliveries as requested by Operator and approved by COMPANY in writing. COMPANY will provide DISTRIBUTOR with the initial delivery frequency for each Store in Schedule 3. COMPANY and DISTRIBUTOR will mutually agree on the exact date for routing changes from summer to winter and winter to summer but each period will be approximately six (6) months with summer routing from April through September and winter routing from October through March. In the event an emergency delivery is required based upon the Operator’s needs and not due to a delivery error by DISTRIBUTOR nor during the time periods specified in Section 2.082.06, DISTRIBUTOR will accommodate the Operator’s request with the most efficient available delivery method. All additional freight expense will be at the Operator’s expense and will be billed upon DISTRIBUTOR’s receipt of the invoice from the shipping agent. If DISTRIBUTOR is able to schedule such an emergency delivery in conjunction with a nearby route, the additional freight expense will be [CONFIDENTIAL](1CONFIDENTIAL](2). Where possible, a store may order up to [CONFIDENTIAL](2CONFIDENTIAL](3) cases to be delivered to a nearby store, on that store’s delivery day (and with that store’s consent) without an additional charge. Products delivered to a nearby store will be billed on a separate invoice. Should the need arise for an emergency or special delivery due to supplier error, DISTRIBUTOR and COMPANY will work with the supplier to remedy the shortage at the supplier’s expense. If supplier fails to pay the additional freight expense, COMPANY will be required to do so provided DISTRIBUTOR notifies COMPANY immediately of supplier non-performance. If an emergency delivery is necessary due to DISTRIBUTOR error, DISTRIBUTOR will arrange a special delivery with any additional freight to be paid by DISTRIBUTOR. DISTRIBUTOR will arrange its routes to insure that its delivery trucks will be in all markets (SMSA’s of at least 250,000 population) within each Territory at least once twice a week where at least twenty-five (25) Stores serviced by DISTRIBUTOR under this Agreement are located. (2) Confidential treatment has been requested for the redacted portion. The confidential, redacted portions have been filed separately with the SEC. (3) Confidential treatment has been requested for the redacted portion. The confidential, redacted portions have been filed separately with the SEC.

Delivery Frequency. Routing - — DISTRIBUTOR will provide each Operator with a minimum delivery frequency based on annual case volume as shown below as long as the Operator meets the minimum order requirements set forth in Section 5 hereof: Less than 1,000 120 cases 3 deliveries during a 12 month period 120-199 cases 4 deliveries during a 12 month period 200-349 cases 6 deliveries during a 12 month period 350-499 cases 8 deliveries during a 12 month period 500-999 cases Every 4 weeks Every 4 weeks 1,000-1,999 cases Every 3 weeks Every 4 weeks 2,000-3,499 cases Every week Every 2 weeks Greater than 3,499 cases Every week Every week This schedule is intended to serve as a guideline only and DISTRIBUTOR agrees to provide additional regular deliveries as requested by Operator and approved by COMPANY in writing. COMPANY will provide DISTRIBUTOR with the initial delivery frequency for each Store in Schedule 3. COMPANY and DISTRIBUTOR will mutually agree on the exact date for routing changes from summer to winter and winter to summer but each period will be approximately six (6) months with summer routing from April through September and winter routing from October through March. In the event an emergency delivery is required based upon the Operator’s needs and not due to a delivery error by DISTRIBUTOR nor during the time periods specified in Section 2.082.06, DISTRIBUTOR will accommodate the Operator’s request with the most efficient available delivery method. All additional freight expense will be at the Operator’s expense and will be billed upon DISTRIBUTOR’s receipt of the invoice from the shipping agent. If DISTRIBUTOR is able to schedule such an emergency delivery in conjunction with a nearby route, the additional freight expense will be [CONFIDENTIAL](1CONFIDENTIAL](2). Where possible, a store may order up to [CONFIDENTIAL](2CONFIDENTIAL](3) cases to be delivered to a nearby store, on that store’s delivery day (and with that store’s consent) without an additional charge. Products delivered to a nearby store will be billed on a separate invoice. Should the need arise for an emergency or special delivery due to supplier error, DISTRIBUTOR and COMPANY will work with the supplier to remedy the shortage at the supplier’s expense. If supplier fails to pay the additional freight expense, COMPANY will be required to do so provided DISTRIBUTOR notifies COMPANY immediately of supplier non-performance. If an emergency delivery is necessary due to DISTRIBUTOR error, DISTRIBUTOR will arrange a special delivery with any additional freight to be paid by DISTRIBUTOR. DISTRIBUTOR will arrange its routes routes, wherever possible, to insure that its delivery trucks will be in all markets (SMSA’s of at least 250,000 population) within each Territory at least once twice a week where at least twenty-five (25) Stores serviced by DISTRIBUTOR under this Agreement are located.