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 4.03 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 June 1, 2006 and will be based on the 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/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 four (4) week average for the 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 July, if any, will be determined based on the four (4) week average ending immediately prior to or on June 30th. [CONFIDENTIAL](25) [CONFIDENTIAL](26) If the price per gallon, including taxes, exceeds [CONFIDENTIAL](27), the surcharge will equal [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

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 4.03 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 June November 1, 2006 and will be based on the California 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 California 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 JulyNovember, if any, will be determined based on the four (4) week average ending immediately prior to or on June October 30th. Price Per Gallon Including Taxes Per Case Surcharge/ Credit [CONFIDENTIAL](25) [CONFIDENTIAL](26CONFIDENTIAL](24) If the price per gallon, including taxes, exceeds [CONFIDENTIAL](27CONFIDENTIAL](25), the surcharge will equal [CONFIDENTIAL](28CONFIDENTIAL](26) per case plus an additional [CONFIDENTIAL](29CONFIDENTIAL](27) per case for each [CONFIDENTIAL](30CONFIDENTIAL](28) 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 caseexceeds

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 4.03 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 June October 1, 2006 and will be based on the California 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 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 four (4) week average for the California 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 JulyOctober, if any, will be determined based on the four (4) week average ending immediately prior to or on June September 30th. [CONFIDENTIAL](25CONFIDENTIAL](34) [CONFIDENTIAL](26CONFIDENTIAL](35) If the price per gallon, including taxes, exceeds [CONFIDENTIAL](27CONFIDENTIAL](36), the surcharge will equal [CONFIDENTIAL](28CONFIDENTIAL](37) per case plus an additional [CONFIDENTIAL](29CONFIDENTIAL](38) per case for each [CONFIDENTIAL](30CONFIDENTIAL](39) increment (or portion thereof) that the price per gallon exceeds [CONFIDENTIAL](31CONFIDENTIAL](40). If the price per gallon, including taxes, falls below [CONFIDENTIAL](32CONFIDENTIAL](41), a credit will be issued in the amount of [CONFIDENTIAL](33CONFIDENTIAL](42) per casecase 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) 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 4.03 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 June April 1, 2006 and will be based on the California 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 four or five (44 or 5) week average average, as applicable, for the California 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 July, if any, will be determined based on the four or five (44 or 5) week average ending immediately prior to or on June 30th. Price Per Gallon Including Taxes Per Case Surcharge/ Credit [CONFIDENTIAL](25) [CONFIDENTIAL](26CONFIDENTIAL](27) If the price per gallon, including taxes, exceeds [CONFIDENTIAL](27CONFIDENTIAL](28), the surcharge will equal [CONFIDENTIAL](28CONFIDENTIAL](29) per case plus an additional [CONFIDENTIAL](29CONFIDENTIAL](30) per case for each [CONFIDENTIAL](30CONFIDENTIAL](31) increment (or portion thereof) that the price per gallon exceeds [CONFIDENTIAL](31CONFIDENTIAL](32). If the price per gallon, including taxes, falls below [CONFIDENTIAL](32CONFIDENTIAL](33), a credit will be issued in the amount of [CONFIDENTIAL](33CONFIDENTIAL](34) per casecase 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 basis. The amount of the adjustment computed in accordance with this Section 4.03 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 June November 1, 2006 and will be based on the California 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 four thirteen (413) week average for the California 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 JulyNovember, if any, will be determined based on the four thirteen (413) week average ending immediately prior to or on June October 30th. [CONFIDENTIAL](25) [CONFIDENTIAL](26) Price Per Gallon Including Taxes Per Case Surcharge/ Credit If the price per gallon, including taxes, exceeds [CONFIDENTIAL](27CONFIDENTIAL](21), the surcharge will equal [CONFIDENTIAL](28CONFIDENTIAL](22) per case plus an additional [CONFIDENTIAL](29CONFIDENTIAL](23) per case for each [CONFIDENTIAL](30CONFIDENTIAL](24) increment (or portion thereof) that the price per gallon exceeds [CONFIDENTIAL](31CONFIDENTIAL](25). If the price per gallon, including taxes, falls below [CONFIDENTIAL](32), a credit will be issued in the amount of [CONFIDENTIAL](33) per casebelow

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 4.03 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 June March 1, 2006 2007 and will be based on the California 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/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 California 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 JulyMarch, if any, will be determined based on the four (4) week average ending immediately prior to or on June 30thFebruary 28th. Price Per Gallon Including Taxes Per Case Surcharge/Credit [CONFIDENTIAL](25) [CONFIDENTIAL](26CONFIDENTIAL](22) If the price per gallon, including taxes, exceeds [CONFIDENTIAL](27CONFIDENTIAL](23), the surcharge will equal [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 caseequal

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 4.03 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 June December 1, 2006 and will be based on the California 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/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 California 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 JulyDecember, if any, will be determined based on the four (4) week average ending immediately prior to or on June November 30th. Price Per Gallon Including Taxes Per Case Surcharge/Credit [CONFIDENTIAL](25) [CONFIDENTIAL](26CONFIDENTIAL](21) If the price per gallon, including taxes, exceeds [CONFIDENTIAL](27CONFIDENTIAL](22), the surcharge will equal [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 per gallon exceeds is less than [CONFIDENTIAL](31). If the price per gallon, including taxes, falls below [CONFIDENTIAL](32), a Any such surcharge or credit will be issued in shown as a separate line item on the amount of [CONFIDENTIAL](33) per caseOperator’s invoice.