Common use of Operating Supermarkets Clause in Contracts

Operating Supermarkets. During each exercised Annual Extension Term, New Albertson’s will pay a weekly fixed store fee and a weekly variable store fee as follows: (a) The weekly fixed store fee will be equal to one-half of the Annual Per Store Fee multiplied by the number of operating supermarkets at the beginning of the Annual Extension Term divided by 52. The weekly fixed store fee will not be subject to reduction for the closure of a supermarket during the applicable Annual Extension Term. (b) The weekly variable store fee (which is based on the number of operating supermarkets at the beginning of a given week) will be calculated by dividing one-half of the Annual Per Store Fee by the number of operating supermarkets at the beginning of a given week, and further dividing that sum by 52. The weekly variable store fee will be subject to reduction for the closure of supermarkets as provided in Section I.E below. (c) As an example only, during the first Annual Extension Term, if the Annual Per Store Fee has been established after the first 90 days at $3,562 per week per store, and if on the first day of the Annual Extension Term the number of operating supermarkets is 425, the weekly fixed store fee would be $756,925 ($1,781 x 425). Assuming 425 supermarkets, the weekly fixed store fee for all supermarkets would be $756,925 ($1,781 x 25) for a weekly payment total (fixed and variable) of $1,513,850. The weekly variable store fee could be reduced as a result of supermarket closures. For example, if five (5) stores closed in a given week, the weekly variable store fee would be $748,020 ($1,81 x 420) for the next week, but the weekly fixed store fee would continue at $756,925 ($1,781 x 425) for a weekly total (fixed and variable) of $1,504,945.

Operating Supermarkets. During each exercised Annual Extension Term, New Albertson’s will pay a weekly fixed store fee and a weekly variable store fee as follows: (a) The weekly fixed store fee will be equal to one-half of the Annual Per Store Fee multiplied by the number of operating supermarkets at the beginning of the Annual Extension Term divided by 52. The weekly fixed store fee will not be subject to reduction for the closure of a supermarket during the applicable Annual Extension Term. (b) The weekly variable store fee (which is based on the number of operating supermarkets at the beginning of a given week) will be calculated by dividing one-half of the Annual Per Store Fee by the number of operating supermarkets at the beginning of a given week, and further dividing that sum by 52. The weekly variable store fee will be subject to reduction for the closure of supermarkets as provided in Section I.E I.F below. (c) As an example only, during the first Annual Extension Term, if the Annual Per Store Fee has been established after the first 90 days at $3,562 3,109 per week per store, and if on the first day of the Annual Extension Term the number of operating supermarkets is 425575, the weekly fixed store fee would be $756,925 893,838 ($1,781 1,554.50 x 425575). Assuming 425 575 supermarkets, the weekly fixed store fee for all supermarkets would be $756,925 893,838 ($1,781 1,554.50 x 25575) for a weekly payment total (fixed and variable) of $1,513,8501,787,675. The weekly variable store fee could be reduced as a result of supermarket closures. For example, if five (5) stores closed in a given week, the weekly variable store fee would be $748,020 886,065 ($1,81 1,554.50 x 420570) for the next week, but the weekly fixed store fee would continue at $756,925 893,838 ($1,781 1,554.50 x 425570) for a weekly total (fixed and variable) of $1,504,9451,779,903.

Operating Supermarkets. During each exercised Annual Extension Term, New Albertson’s will pay a weekly fixed store fee and a weekly variable store fee as follows: (a) The weekly fixed store fee will be equal to one-half of the Annual Per Store Fee multiplied by the number of operating supermarkets at the beginning of the Annual Extension Term divided by 52. The weekly fixed store fee will not be subject to reduction for the closure of a supermarket during the applicable Annual Extension Term.. Exhibit A-2 (b) The weekly variable store fee (which is based on the number of operating supermarkets at the beginning of a given week) will be calculated by dividing one-half of the Annual Per Store Fee by the number of operating supermarkets at the beginning of a given week, and further dividing that sum by 52. The weekly variable store fee will be subject to reduction for the closure of supermarkets as provided in Section I.E I.F below. (c) As an example only, during the first Annual Extension Term, if the Annual Per Store Fee has been established after the first 90 days at $3,562 3,109 per week per store, and if on the first day of the Annual Extension Term the number of operating supermarkets is 425575, the weekly fixed store fee would be $756,925 893,838 ($1,781 1,554.50 x 425575). Assuming 425 575 supermarkets, the weekly fixed store fee for all supermarkets would be $756,925 893,838 ($1,781 1,554.50 x 25575) for a weekly payment total (fixed and variable) of $1,513,8501,787,675. The weekly variable store fee could be reduced as a result of supermarket closures. For example, if five (5) stores closed in a given week, the weekly variable store fee would be $748,020 886,065 ($1,81 1,554.50 x 420570) for the next week, but the weekly fixed store fee would continue at $756,925 893,838 ($1,781 1,554.50 x 425570) for a weekly total (fixed and variable) of $1,504,9451,779,903.