Common use of Fuel Cost Adjustments Clause in Contracts

Fuel Cost Adjustments. If the operating costs of DISTRIBUTOR are increased or decreased as a result of fuel cost increases or decreases, DISTRIBUTOR may adjust the Markup (as and if otherwise adjusted pursuant to the terms of this Agreement) to compensate for such fluctuations in fuel costs, on a monthly basis. The amount of the adjustment computed in accordance with this Section 4.02 shall also be added to or subtracted from, as applicable, the specified price for Contracted Operator Sell Price Products described in Section 4.11. The method for determining the fuel surcharge or adjustment will be made monthly beginning March 1, 2007 and will be based on the Midwest Weekly Retail On-Highway diesel fuel price which is compiled by the Energy Information Administration. The Web site to access this information electronically is as follows: xxxx://xxx.xxx.xxx.xxx/pub/oil_gas/petroleum/data_publications/weekly_on_highway_diesel_prices/current/ html/diesel.html If such publication is no longer published or available, then the parties will mutually agree upon an acceptable alternative source. As fuel prices increase or decrease, the fuel cost adjustments will move according to changes in the prior four (4) week average for the Midwest fuel price bracket, and will take effect on the first day of the calendar month following the applicable publication date. For example, the fuel cost adjustment beginning the first day in March, if any, will be determined based on the four (4) week average ending immediately prior to or on February 28th. [CONFIDENTIAL](22) If the price per gallon, including taxes, exceeds [CONFIDENTIAL](23), the surcharge will equal

Fuel Cost Adjustments. If the operating costs of DISTRIBUTOR are increased or decreased as a result of fuel cost increases or decreases, DISTRIBUTOR may adjust the Markup (as and if otherwise adjusted pursuant to the terms of this Agreement) to compensate for such fluctuations in fuel costs, on a monthly basis. The amount of the adjustment computed in accordance with this Section 4.02 4.03 shall also be added to or subtracted from, as applicable, the specified price for Contracted Operator Sell Price Products described in Section 4.11. The method for determining the fuel surcharge or adjustment will be made monthly beginning March October 1, 2007 2006 and will be based on the Midwest Rocky Mountain Weekly Retail On-Highway diesel fuel price which is compiled by the Energy Information Administration. The Web site to access this information electronically is as follows: xxxx://xxx.xxx.xxx.xxx/pub/oil_gas/petroleum/data_publications/weekly_on_highway_diesel_prices/current/ hxxx://xxx.xxx.xxx.xxx/xxx/oil_gas/petroleum/data_publications/weekly_on_highway_diesel_prices /current/html/diesel.html If such publication is no longer published or available, then the parties will mutually agree upon an acceptable alternative source. As fuel prices increase or decrease, the fuel cost adjustments will move according to changes in the prior four (4) week average for the Midwest Rocky Mountain fuel price bracket, and will take effect on the first day of the calendar month following the applicable publication date. For example, the fuel cost adjustment beginning the first day in MarchOctober, if any, will be determined based on the four (4) week average ending immediately prior to or on February 28thSeptember 30th. [CONFIDENTIAL](22CONFIDENTIAL](34) [CONFIDENTIAL](35) If the price per gallon, including taxes, exceeds [CONFIDENTIAL](23CONFIDENTIAL](36), the surcharge will equalequal [CONFIDENTIAL](37) per case plus an additional [CONFIDENTIAL](38) per case for each [CONFIDENTIAL](39) increment (or portion thereof) that the price per gallon exceeds [CONFIDENTIAL](40). If the price per gallon, including taxes, falls below [CONFIDENTIAL](41), a credit will be issued in the amount of [CONFIDENTIAL](42) per case plus an additional [CONFIDENTIAL](43) per case for each ten cent increment (or portion thereof) that the price is less than [CONFIDENTIAL](44). Any such surcharge or credit will be shown as a separate line item on the Operator’s invoice.

Fuel Cost Adjustments. If the operating costs of DISTRIBUTOR are increased or decreased as a result of fuel cost increases or decreases, DISTRIBUTOR may adjust the Markup (as and if otherwise adjusted pursuant to the terms of this Agreement) to compensate for such fluctuations in fuel costs, on a monthly basis. The amount of the adjustment computed in accordance with this Section 4.02 shall also be added to or subtracted from, as applicable, the specified price for Contracted Operator Sell Price Products described in Section 4.114.10. The method for determining the fuel surcharge or adjustment will be made monthly quarterly beginning March November 1, 2007 2006 and will be based on the Midwest Gulf Coast Weekly Retail On-Highway diesel fuel price which is compiled by the Energy Information Administration. The Web site to access this information electronically is as follows: xxxx://xxx.xxx.xxx.xxx/pub/oil_gas/petroleum/data_publications/weekly_on_highway_diesel_prices/current/ html/diesel.html xxxx://xxx.xxx.xxx.xxx/pub/oil_gas/petroleum/data_publications/weekly_on_highway_diesel_prices/current/html/diesel.html If such publication is no longer published or available, then the parties will mutually agree upon an acceptable alternative source. As fuel prices increase or decrease, the fuel cost adjustments will move according to changes in the prior four thirteen (413) week average for the Midwest Gulf Coast fuel price bracket, and will take effect on the first day of the calendar month following the applicable publication date. For example, the fuel cost adjustment beginning the first day in MarchNovember, if any, will be determined based on the four thirteen (413) week average ending immediately prior to or on February 28thOctober 30th. [CONFIDENTIAL](22) If the price per gallon, including taxes, exceeds [CONFIDENTIAL](23CONFIDENTIAL](21), the surcharge will equalequal [CONFIDENTIAL](22) per case plus an additional [CONFIDENTIAL](23) per case for each [CONFIDENTIAL](24) increment (or portion thereof) that the price per gallon exceeds [CONFIDENTIAL](25). If the price per gallon, including taxes, falls below

Fuel Cost Adjustments. If the operating costs of DISTRIBUTOR are increased or decreased as a result of fuel cost increases or decreases, DISTRIBUTOR may adjust the Markup (as and if otherwise adjusted pursuant to the terms of this Agreement) to compensate for such fluctuations in fuel costs, on a monthly basis. The amount of the adjustment computed in accordance with this Section 4.02 shall also be added to or subtracted from, as applicable, the specified price for Contracted Operator Sell Price Products described in Section 4.11. The method for determining the fuel surcharge or adjustment will be made monthly beginning March December 1, 2007 2006 and will be based on the Midwest Weekly Retail On-Highway diesel fuel price which is compiled by the Energy Information Administration. The Web site to access this information electronically is as follows: xxxx://xxx.xxx.xxx.xxx/pub/oil_gas/petroleum/data_publications/weekly_on_highway_diesel_prices/current/ html/diesel.html If such publication is no longer published or available, then the parties will mutually agree upon an acceptable alternative source. As fuel prices increase or decrease, the fuel cost adjustments will move according to changes in the prior four (4) week average for the Midwest fuel price bracket, and will take effect on the first day of the calendar month following the applicable publication date. For example, the fuel cost adjustment beginning the first day in MarchDecember, if any, will be determined based on the four (4) week average ending immediately prior to or on February 28thNovember 30th. [CONFIDENTIAL](22CONFIDENTIAL](21) If the price per gallon, including taxes, exceeds [CONFIDENTIAL](23CONFIDENTIAL](22), the surcharge will equalequal [CONFIDENTIAL](23) per case plus an additional [CONFIDENTIAL](24) per case for each [CONFIDENTIAL](25) increment (or portion thereof) that the price per gallon exceeds [CONFIDENTIAL](26). If the price per gallon, including taxes, falls below [CONFIDENTIAL](27), a credit will be issued in the amount of [CONFIDENTIAL](28) per case plus an additional [CONFIDENTIAL](29) per case for each [CONFIDENTIAL](30) increment (or portion thereof) that the price is less than [CONFIDENTIAL](31). Any such surcharge or credit will be shown as a separate line item on the Operator’s invoice.

Fuel Cost Adjustments. If the operating costs of DISTRIBUTOR are increased or decreased as a result of fuel cost increases or decreases, DISTRIBUTOR may adjust the Markup (as and if otherwise adjusted pursuant to the terms of this Agreement) to compensate for such fluctuations in fuel costs, on a monthly basis. The amount of the adjustment computed in accordance with this Section 4.02 shall also be added to or subtracted from, as applicable, the specified price for Contracted Operator Sell Price Products described in Section 4.11. The method for determining the fuel surcharge or adjustment will be made monthly beginning March November 1, 2007 2006 and will be based on the Midwest Gulf Coast Weekly Retail On-Highway diesel fuel price which is compiled by the Energy Information Administration. The Web site to access this information electronically is as follows: xxxx://xxx.xxx.xxx.xxx/pub/oil_gas/petroleum/data_publications/weekly_on_highway_diesel_prices/current/ html/diesel.html xxxx://xxx.xxx.xxx.xxx/pub/oil_gas/petroleum/data_publications/weekly_on_highway_diesel_prices/current/html/diesel.html If such publication is no longer published or available, then the parties will mutually agree upon an acceptable alternative source. As fuel prices increase or decrease, the fuel cost adjustments will move according to changes in the prior four (4) week average for the Midwest Gulf Coast fuel price bracket, and will take effect on the first day of the calendar month following the applicable publication date. For example, the fuel cost adjustment beginning the first day in MarchNovember, if any, will be determined based on the four (4) week average ending immediately prior to or on February 28thOctober 30th. [CONFIDENTIAL](22) If the price per gallon, including taxes, exceeds [CONFIDENTIAL](23CONFIDENTIAL](25), the surcharge will equalequal [CONFIDENTIAL](26) per case plus an additional [CONFIDENTIAL](27) per case for each [CONFIDENTIAL](28) increment (or portion thereof) that the price per gallon exceeds

Fuel Cost Adjustments. If the operating costs of DISTRIBUTOR are increased or decreased as a result of fuel cost increases or decreases, DISTRIBUTOR may adjust the Markup (as and if otherwise adjusted pursuant to the terms of this Agreement) for all Stores not subject to the $15 delivery surcharge described in Section 4.01 to compensate for such fluctuations in fuel costs, on a monthly quarterly basis. The amount of the adjustment computed in accordance with this Section 4.02 4.03 shall also be added to or subtracted from, as applicable, the specified price for Contracted Operator Sell Price Products described in Section 4.11. The method for determining the fuel surcharge or adjustment will be made monthly beginning March April 1, 2007 2006 and will be based on the Midwest U.S. Weekly Retail On-Highway diesel fuel price which is compiled by the Energy Information Administration. The Web site to access this information electronically is as follows: xxxx://xxx.xxx.xxx.xxx/pub/oil_gas/petroleum/data_publications/weekly_on_highway_diesel_prices/current/ html/diesel.html xxxx://xxx.xxx.xxx.xxx/pub/oil_gas/petroleum/data_publications/weekly_on_highway_diesel_prices/current/html/diesel.html If such publication is no longer published or available, then the parties will mutually agree upon an acceptable alternative source. As fuel prices increase or decrease, the fuel cost adjustments will move according to changes in the prior four or five (44 or 5) week average average, as applicable, for the Midwest U.S. fuel price bracket, and will take effect on the first day of the calendar month following the applicable publication date. For example, the fuel cost adjustment beginning the first day in MarchJuly, if any, will be determined based on the four or five (44 or 5) week average ending immediately prior to or on February 28thJune 30th. [CONFIDENTIAL](22) If the price per gallon, including taxes, exceeds [CONFIDENTIAL](23CONFIDENTIAL](28), the surcharge will equalequal [CONFIDENTIAL](29) per case plus an additional [CONFIDENTIAL](30) per case for each [CONFIDENTIAL](31) increment (or portion thereof) that the price per gallon exceeds [CONFIDENTIAL](32). If the price per gallon, including taxes, falls below [CONFIDENTIAL](33), a credit will be issued in the amount of [CONFIDENTIAL](34) per case plus an additional [CONFIDENTIAL](35) per case for each [CONFIDENTIAL](36) increment (or portion thereof) that the price is less than [CONFIDENTIAL](37). Any such surcharge or credit will be shown as a separate line item on the Operator’s invoice. The fuel surcharge will be

Fuel Cost Adjustments. If the operating costs of DISTRIBUTOR are increased or decreased as a result of fuel cost increases or decreases, DISTRIBUTOR may adjust the Markup (as and if otherwise adjusted pursuant to the terms of this Agreement) to compensate for such fluctuations in fuel costs, on a monthly weekly basis. The amount of the adjustment computed in accordance with this Section 4.02 shall also be added to or subtracted from, as applicable, the specified price for Contracted Operator Sell Price Products described in Section 4.11. The method for determining the fuel surcharge or adjustment will be made monthly weekly beginning March 1, 2007 the first Tuesday after the Effective and will be based on the Midwest U.S. Weekly Retail On-Highway diesel fuel price which is compiled by the Energy Information Administration. The Web site to access this information electronically is as follows: xxxx://xxx.xxx.xxx.xxx/pub/oil_gas/petroleum/data_publications/weekly_on_highway_diesel_prices/current/ html/diesel.html xxxx://xxx.xxx.xxx.xxx/pub/oil_gas/petroleum/data_publications/weekly_on_highway_diesel_prices/current/html/diesel.html If such publication is no longer published or available, then the parties will mutually agree upon an acceptable alternative source. As fuel prices increase or decrease, the fuel cost adjustments will move according to changes in the prior four (4) week average weekly published price for the Midwest U.S. fuel price bracket, and will take effect on the first day of the calendar month following the applicable publication datedate (typically on Monday of each week). For example, the fuel cost adjustment beginning the first day in MarchTuesday, September 19, 2006, if any, will be determined based on the four weekly price published on Monday, September 18, 2006 as follows: (422) week average ending immediately prior to or on February 28thConfidential treatment has been requested for the redacted portion. [CONFIDENTIAL](22The confidential, redacted portions have been filed separately with the SEC. (23) Confidential treatment has been requested for the redacted portion. The confidential, redacted portions have been filed separately with the SEC. If the price per gallon, including taxes, exceeds [CONFIDENTIAL](23CONFIDENTIAL](24), the surcharge will equalequal [CONFIDENTIAL](25) per delivery plus an additional [CONFIDENTIAL](26) per delivery for each [CONFIDENTIAL](27) cent increment (or portion thereof) that the price per gallon exceeds [CONFIDENTIAL](28). If the price per gallon, including taxes, falls below [CONFIDENTIAL](29), the surcharge will be reduced in the amount of [CONFIDENTIAL](30) per delivery plus an additional [CONFIDENTIAL](31) per delivery for each [CONFIDENTIAL](32) cent increment (or portion thereof) that the price is less than [CONFIDENTIAL](33). Any such surcharge will be shown as a separate line item on the Operator’s invoice.

Fuel Cost Adjustments. If the operating costs of DISTRIBUTOR are increased or decreased as a result of fuel cost increases or decreases, DISTRIBUTOR may adjust the Markup (as and if otherwise adjusted pursuant to the terms of this Agreement) to compensate for such fluctuations in fuel costs, on a monthly basis. The amount of the adjustment computed in accordance with this Section 4.02 4.03 shall also be added to or subtracted from, as applicable, the specified price for Contracted Operator Sell Price Products described in Section 4.11. The method for determining the fuel surcharge or adjustment will be made monthly beginning March June 1, 2007 2006 and will be based on the Midwest California Weekly Retail On-Highway diesel fuel price which is compiled by the Energy Information Administration. The Web site to access this information electronically is as follows: xxxx://xxx.xxx.xxx.xxx/pub/oil_gas/petroleum/data_publications/weekly_on_highway_diesel_prices/current/ xxxx://xxx.xxx.xxx.xxx/pub/oil_gas/petroleum/data_publications/weekly_on_highway_diesel_prices /current/html/diesel.html If such publication is no longer published or available, then the parties will mutually agree upon an acceptable alternative source. As fuel prices increase or decrease, the fuel cost adjustments will move according to changes in the prior four (4) week average for the Midwest California fuel price bracket, and will take effect on the first day of the calendar month following the applicable publication date. For example, the fuel cost adjustment beginning the first day in MarchJuly, if any, will be determined based on the four (4) week average ending immediately prior to or on February 28thJune 30th. [CONFIDENTIAL](22) If the price per gallon, including taxes, exceeds [CONFIDENTIAL](23CONFIDENTIAL](27), the surcharge will equalequal [CONFIDENTIAL](28) per case plus an additional [CONFIDENTIAL](29) per case for each [CONFIDENTIAL](30) increment (or portion thereof) that the price per gallon exceeds [CONFIDENTIAL](31). If the price per gallon, including taxes, falls below [CONFIDENTIAL](32), a credit will be issued in the amount of [CONFIDENTIAL](33) per case