Common use of Fees for New or Acquired Supermarkets Clause in Contracts

Fees for New or Acquired Supermarkets. From and after the Effective Date, in the event Albertson’s opens supermarkets or acquires operating supermarkets (collectively, “New Stores”), such New Stores shall be added to the TSA if, and only if, such New Stores utilize IT systems and platforms that are compatible in all material respects with Albertson’s then current IT systems and platforms. As an example and for sake of clarity, it is agreed that SVU would have no obligation to provide Services to a supermarket (or a supermarket chain) acquired by Albertson’s which is supported by IT systems and platforms not compatible in all material respects with the then current IT systems and platforms of Albertson’s, including, but not limited to, all material applicable hardware and software and their respective versions. If New Stores are added to the TSA (as allowed above), the fees for such New Stores shall be as provided above. Albertson’s shall pay no fee (fixed or variable) for New Stores receiving Services under this Services Agreement during the first twelve (12) month period of the Initial Term, unless Albertson’s adds more than five (5) stores during the first twelve (12) month period of the Initial Term, at which point the parties will agree to an appropriate increase in the Service Fees.

Fees for New or Acquired Supermarkets. From and after the Effective Date, in the event New Albertson’s opens supermarkets or acquires operating supermarkets (collectively, “New Stores”), such New Stores shall be added to the TSA if, and only if, such New Stores utilize IT systems and platforms that are compatible in all material respects with New Albertson’s then current IT systems and platforms. As an example and for sake of clarity, it is agreed that SVU would have no obligation to provide Services to a supermarket (or a supermarket chain) acquired by New Albertson’s which is supported by IT systems and platforms not compatible in all material respects with the then current IT systems and platforms of New Albertson’s, including, but not limited to, all material applicable hardware and software and their respective versions. If New Stores are added to the TSA (as allowed above), the fees for such New Stores shall be as provided above. New Albertson’s shall pay no fee (fixed or variable) for New Stores receiving Services under this Services Agreement during the first twelve (12) 12 month period of the Initial Term, unless New Albertson’s adds more than five (5) stores during the first twelve (12) month period of the Initial Term, at which point the parties will agree to an appropriate increase in the Service Fees.