Common use of Options to Extend Term Clause in Contracts

Options to Extend Term. (a) Albertson’s as the Receiving Party shall have ten (10), and SVU as the Receiving Party shall have ten (10), consecutive options to extend the TSA for a period of one (1) year each on the terms and conditions (including, without limitation, payment timing and fee arrangements) contained in the TSA. Such extension terms shall be exercised, if at all, by the Receiving Party giving written notice to the Service Provider twelve months preceding the extension term being exercised. For such exercise to be valid, the Receiving Party must (i) not be in default under the TSA as of the date of the notice of exercise or as of January 1 of the extension term being exercised, and (ii) be in compliance with the Dispute Resolution Process set forth in Exhibit D hereto. (b) Upon the proper exercise of an extension term by the Receiving Party, the term of the TSA shall be extended for the applicable twelve-month period without the execution of any further instrument. As used in this Services Agreement, the term “Term” shall include all Annual Extension Terms (as defined below). (c) For clarification purposes, the following chart defines and sets forth the key dates for each annual extension term: 18-month Anniversary of Effective Date 30-month Anniversary of Effective Date through 42-month Anniversary of Effective Date First Annual Extension Term 30-month Anniversary of Effective Date 42-month Anniversary of Effective Date through 54-month Anniversary of Effective Date Second Annual Extension Term 42-month Anniversary of Effective Date 54-month Anniversary of Effective Date through 66-month Anniversary of Effective Date Third Annual Extension Term 54-month Anniversary of Effective Date 66-month Anniversary of Effective Date through 78-month Anniversary of Effective Date Fourth Annual Extension Term 66-month Anniversary of Effective Date 78-month Anniversary of Effective Date through 90-month Anniversary of Effective Date Fifth Annual Extension Term 78-month Anniversary of Effective Date 90-month Anniversary of Effective Date through 102-month Anniversary of Effective Date Sixth Annual Extension Term 90-month Anniversary of Effective Date 102-month Anniversary of Effective Date through 114-month Anniversary of Effective Date Seventh Annual Extension Term 102-month Anniversary of Effective Date 114-month Anniversary of Effective Date through 126-month Anniversary of Effective Date Eighth Annual Extension Term 114-month Anniversary of Effective Date 126-month Anniversary of Effective Date through 138-month Anniversary of Effective Date Ninth Annual Extension Term 126-month Anniversary of Effective Date 138-month Anniversary of Effective Date through 150-month Anniversary of Effective Date Tenth Annual Extension Term Albertson’s (numbered) Annual Extension Terms, together with SVU’s corresponding Annual Extension Terms may be collectively referred to herein as the “Annual Extension Terms.” Upon occurrence of the Effective Date the parties will execute a letter agreement confirming the Initial Term and Annual Extension Term dates. (d) A Receiving Party’s failure to timely or properly exercise any of the Annual Extension Terms shall constitute a forfeiture of its right to exercise any future Annual Extension Term and the TSA shall terminate with respect to Services provided to such Receiving Party (subject to the applicable Wind Down Period and Transaction Services Period) at the end of such Receiving Party’s then current Annual Extension Term.

Options to Extend Term. (a) New Albertson’s as the Receiving Party shall have ten (10), and SVU as the Receiving Party shall have ten (10), consecutive options to extend the TSA for a period of one (1) year each on the terms and conditions (including, without limitation, payment timing and fee arrangements) contained in the TSA. Such extension terms shall be exercised, if at all, by the Receiving Party giving written notice to the Service Provider twelve months preceding the extension term being exercised. For such exercise to be valid, the Receiving Party must (i) not be in default under the TSA as of the date of the notice of exercise or as of January 1 of the extension term being exercised, and (ii) be in compliance with the Dispute Resolution Process set forth in Exhibit D C hereto. (b) Upon the proper exercise of an extension term by the Receiving Party, the term of the TSA shall be extended for the applicable twelve-month period without the execution of any further instrument. As used in this Services Agreement, the term “Term” shall include all Annual Extension Terms (as defined below). (c) For clarification purposes, the following chart defines and sets forth the key dates for each annual extension term: 18-month Anniversary of Effective Date 30-month Anniversary of Effective Date through 42-month Anniversary of Effective Date First Annual Extension Term 30-month Anniversary of Effective Date 42-month Anniversary of Effective Date through 54-month Anniversary of Effective Date Second Annual Extension Term 42-month Anniversary of Effective Date 54-month Anniversary of Effective Date through 66-month Anniversary of Effective Date Third Annual Extension Term 54-month Anniversary of Effective Date 66-month Anniversary of Effective Date through 78-month Anniversary of Effective Date Fourth Annual Extension Term 66-month Anniversary of Effective Date 78-month Anniversary of Effective Date through 90-month Anniversary of Effective Date Fifth Annual Extension Term 78-month Anniversary of Effective Date 90-month Anniversary of Effective Date through 102-month Anniversary of Effective Date Sixth Annual Extension Term 90-month Anniversary of Effective Date 102-month Anniversary of Effective Date through 114-month Anniversary of Effective Date Seventh Annual Extension Term 102-month Anniversary of Effective Date 114-month Anniversary of Effective Date through 126-month Anniversary of Effective Date Eighth Annual Extension Term 114-month Anniversary of Effective Date 126-month Anniversary of Effective Date through 138-month Anniversary of Effective Date Ninth Annual Extension Term 126-month Anniversary of Effective Date 138-month Anniversary of Effective Date through 150-month Anniversary of Effective Date Tenth Annual Extension Term New Albertson’s (numbered) Annual Extension Terms, together with SVU’s corresponding Annual Extension Terms may be collectively referred to herein as the “Annual Extension Terms.” Upon occurrence of the Effective Date the parties will execute a letter agreement confirming the Initial Term and Annual Extension Term dates. (d) A Receiving Party’s failure to timely or properly exercise any of the Annual Extension Terms shall constitute a forfeiture of its right to exercise any future Annual Extension Term and the TSA shall terminate with respect to Services provided to such Receiving Party (subject to the applicable Wind Down Period and Transaction Services Period) at the end of such Receiving Party’s then current Annual Extension Term.

Options to Extend Term. (a) Albertson’s as the Receiving Party shall have ten (10), and SVU as the Receiving Party shall have ten (10), consecutive options to extend the TSA for a period of one (1) year each on the terms and conditions (including, without limitation, payment timing and fee arrangements) contained in the TSA. Such extension terms shall be exercised, if at all, by the Receiving Party giving written notice to the Service Provider twelve months preceding the extension term being exercised. For such exercise to be valid, the Receiving Party must (i) not be in default under the TSA as of the date of the notice of exercise or as of January 1 of the extension term being exercised, and (ii) be in compliance with the Dispute Resolution Process set forth in Exhibit D hereto. (b) Upon the proper exercise of an extension term by the Receiving Party, the term of the TSA shall be extended for the applicable twelve-month period without the execution of any further instrument. As used in this Services Agreement, the term “Term” shall include all Annual Extension Terms (as defined below). (c) For clarification purposes, the following chart defines and sets forth the key dates for each annual extension term: 18-month Anniversary of Effective Date 30-month Anniversary of Effective Date through 42-month Anniversary of Effective Date First Annual Extension Term 42-month Anniversary of Second Annual Extension Term 30-month Anniversary of Effective Date 42-month Anniversary of Effective Date through 54-month Anniversary of Effective Date Second Annual Extension Term 42-month Anniversary of Effective Date 54-month Anniversary of Effective Date through 66-month Anniversary of Effective Date Third Annual Extension Term 54-month Anniversary of Effective Date 66-month Anniversary of Effective Date through 78-month Anniversary of Effective Date Fourth Annual Extension Term 66-month Anniversary of Effective Date 78-month Anniversary of Effective Date through 90-month Anniversary of Effective Date Fifth Annual Extension Term 78-month Anniversary of Effective Date 90-month Anniversary of Effective Date through 102-month Anniversary of Effective Date Sixth Annual Extension Term 90-month Anniversary of Effective Date 102-month Anniversary of Effective Date through 114-month Anniversary of Effective Date Seventh Annual Extension Term 102-month Anniversary of Effective Date 114-month Anniversary of Effective Date through 126-month Anniversary of Effective Date Eighth Annual Extension Term 114-month Anniversary of Effective Date 126-month Anniversary of Effective Date through 138-month Anniversary of Effective Date Ninth Annual Extension Term 126-month Anniversary of Effective Date 138-month Anniversary of Effective Date through 150-month Anniversary of Effective Date Tenth Annual Extension Term Albertson’s (numbered) Annual Extension Terms, together with SVU’s corresponding Annual Extension Terms may be collectively referred to herein as the “Annual Extension Terms.” Upon occurrence of the Effective Date the parties will execute a letter agreement confirming the Initial Term and Annual Extension Term dates. (d) A Receiving Party’s failure to timely or properly exercise any of the Annual Extension Terms shall constitute a forfeiture of its right to exercise any future Annual Extension Term and the TSA shall terminate with respect to Services provided to such Receiving Party (subject to the applicable Wind Down Period and Transaction Services Period) at the end of such Receiving Party’s then current Annual Extension Term.

Options to Extend Term. (a) New Albertson’s as the Receiving Party shall have ten (10), and SVU as the Receiving Party shall have ten (10), consecutive options to extend the TSA for a period of one (1) year each on the terms and conditions (including, without limitation, payment timing and fee arrangements) contained in the TSA. Such extension terms shall be exercised, if at all, by the Receiving Party giving written notice to the Service Provider twelve months preceding the extension term being exercised. For such exercise to be valid, the Receiving Party must (i) not be in default under the TSA as of the date of the notice of exercise or as of January 1 of the extension term being exercised, and (ii) be in compliance with the Dispute Resolution Process set forth in Exhibit D C hereto. (b) Upon the proper exercise of an extension term by the Receiving Party, the term of the TSA shall be extended for the applicable twelve-month period without the execution of any further instrument. As used in this Services Agreement, the term “Term” shall include all Annual Extension Terms (as defined below). (c) For clarification purposes, the following chart defines and sets forth the key dates for each annual extension term: Option Exercise Deadline Extension Period Defined Term (for reference purposes in this TSA) 18-month Anniversary of Effective Date 30-month Anniversary of Effective Date through 42-month Anniversary of Effective Date First Annual Extension Term Option Exercise Deadline Extension Period Defined Term (for reference purposes in this TSA) 30-month Anniversary of Effective Date 42-month Anniversary of Effective Date through 54-month Anniversary of Effective Date Second Annual Extension Term 42-month Anniversary of Effective Date 54-month Anniversary of Effective Date through 66-month Anniversary of Effective Date Third Annual Extension Term 54-month Anniversary of Effective Date 66-month Anniversary of Effective Date through 78-month Anniversary of Effective Date Fourth Annual Extension Term 66-month Anniversary of Effective Date 78-month Anniversary of Effective Date through 90-month Anniversary of Effective Date Fifth Annual Extension Term 78-month Anniversary of Effective Date 90-month Anniversary of Effective Date through 102-month Anniversary of Effective Date Sixth Annual Extension Term 90-month Anniversary of Effective Date 102-month Anniversary of Effective Date through 114-month Anniversary of Effective Date Seventh Annual Extension Term 102-month Anniversary of Effective Date 114-month Anniversary of Effective Date through 126-month Anniversary of Effective Date Eighth Annual Extension Term 114-month Anniversary of Effective Date 126-month Anniversary of Effective Date through 138-month Anniversary of Effective Date Ninth Annual Extension Term 126-month Anniversary of Effective Date 138-month Anniversary of Effective Date through 150-month Anniversary of Effective Date Tenth Annual Extension Term Option Exercise Deadline Extension Period Defined Term (for reference purposes in this TSA) New Albertson’s (numbered) Annual Extension Terms, together with SVU’s corresponding Annual Extension Terms may be collectively referred to herein as the “Annual Extension Terms.” Upon occurrence of the Effective Date the parties will execute a letter agreement confirming the Initial Term and Annual Extension Term dates. (d) A Receiving Party’s failure to timely or properly exercise any of the Annual Extension Terms shall constitute a forfeiture of its right to exercise any future Annual Extension Term and the TSA shall terminate with respect to Services provided to such Receiving Party (subject to the applicable Wind Down Period and Transaction Services Period) at the end of such Receiving Party’s then current Annual Extension Term.

Options to Extend Term. (a) New Albertson’s as the Receiving Party shall have ten (10), and SVU as the Receiving Party shall have ten (10), consecutive options to extend the TSA for a period of one (1) year each on the terms and conditions (including, without limitation, payment timing and fee arrangements) contained in the TSA. Such extension terms shall be exercised, if at all, by the Receiving Party giving written notice to the Service Provider twelve months preceding the extension term being exercised. For such exercise to be valid, the Receiving Party must (i) not be in default under the TSA as of the date of the notice of exercise or as of January 1 of the extension term being exercised, and (ii) be in compliance with the Dispute Resolution Process set forth in Exhibit D C hereto. (b) Upon the proper exercise of an extension term by the Receiving Party, the term of the TSA shall be extended for the applicable twelve-month period without the execution of any further instrument. As used in this Services Agreement, the term “Term” shall include all Annual Extension Terms (as defined below). (c) For clarification purposes, the following chart defines and sets forth the key dates for each annual extension term: 18-month Anniversary of Effective Date 30-month Anniversary of Effective Date through 42-month Anniversary of Effective Date First Annual Extension Term 30-month Anniversary of Effective Date 42-month Anniversary of Effective Date through 54-month Anniversary of Effective Date Second Annual Extension Term 42-month Anniversary of Effective Date 54-month Anniversary of Effective Date through 66-month Anniversary of Effective Date Third Annual Extension Term 54-month Anniversary of Effective Date 66-month Anniversary of Effective Date through 78-month Anniversary of Effective Date Fourth Annual Extension Term 66-month Anniversary of Effective Date 78-month Anniversary of Effective Date through 90-month Anniversary of Effective Date Fifth Annual Extension Term 78-month Anniversary of Effective Date 90-month Anniversary of Effective Date through 102-month Anniversary of Effective Date Sixth Annual Extension Term 90-month Anniversary of Effective Date 102-month Anniversary of Effective Date through 114-114- Seventh Annual Extension Term Effective Date month Anniversary of Effective Date Seventh Annual Extension Term 102-month Anniversary of Effective Date 114-month Anniversary of Effective Date through 126-month Anniversary of Effective Date Eighth Annual Extension Term 114-month Anniversary of Effective Date 126-month Anniversary of Effective Date through 138-month Anniversary of Effective Date Ninth Annual Extension Term 126-month Anniversary of Effective Date 138-month Anniversary of Effective Date through 150-month Anniversary of Effective Date Tenth Annual Extension Term New Albertson’s (numbered) Annual Extension Terms, together with SVU’s corresponding Annual Extension Terms may be collectively referred to herein as the “Annual Extension Terms.” Upon occurrence of the Effective Date the parties will execute a letter agreement confirming the Initial Term and Annual Extension Term dates. (d) A Receiving Party’s failure to timely or properly exercise any of the Annual Extension Terms shall constitute a forfeiture of its right to exercise any future Annual Extension Term and the TSA shall terminate with respect to Services provided to such Receiving Party (subject to the applicable Wind Down Period and Transaction Services Period) at the end of such Receiving Party’s then current Annual Extension Term.

Options to Extend Term. (a) Albertson’s as the Receiving Party shall have ten (10), and SVU as the Receiving Party shall have ten (10), consecutive options to extend the TSA for a period of one one (1) year each on the terms and conditions (including, without limitation, payment timing and fee arrangements) contained in the TSA. Such extension terms shall be exercised, if at all, by the Receiving Party giving written notice to the Service Provider twelve months preceding the extension term being exercised. For such exercise to be valid, the Receiving Party must (i) not be in default under the TSA as of the date of the notice of exercise or as of January 1 of the extension term being exercised, and (ii) be in compliance with the Dispute Resolution Process set forth in Exhibit D hereto. (b) Upon the proper exercise of an extension term by the Receiving Party, the term of the TSA shall be extended for the applicable twelve-month period without the execution of any further instrument. As used in this Services Agreement, the term “Term” shall include all Annual Extension Terms (as defined below). (c) For clarification purposes, the following chart defines and sets forth the key dates for each annual extension term: 18-month Anniversary of Effective Date 30-month Anniversary of Effective Date through 42-month Anniversary of Effective Date First Annual Extension Term 30-month Anniversary of Effective Date 42-month Anniversary of Effective Date through 54-month Anniversary of Effective Date Second Annual Extension Term 42-month Anniversary of Effective Date 54-month Anniversary of Effective Date through 66-month Anniversary of Effective Date Third Annual Extension Term 54-month Anniversary of Effective Date 66-month Anniversary of Effective Date through 78-month Anniversary of Effective Date Fourth Annual Extension Term 66-month Anniversary of Effective Date 78-month Anniversary of Effective Date through 90-month Anniversary of Effective Date Fifth Annual Extension Term 78-month Anniversary of Effective Date 90-month Anniversary of Effective Date through 102-month Anniversary of Effective Date Sixth Annual Extension Term Effective Date 90-month Anniversary of Effective Date 102-month Anniversary of Effective Date through 114-month Anniversary of Effective Date Seventh Annual Extension Term 102-month Anniversary of Effective Date 114-month Anniversary of Effective Date through 126-month Anniversary of Effective Date Eighth Annual Extension Term 114-month Anniversary of Effective Date 126-month Anniversary of Effective Date through 138-month Anniversary of Effective Date Ninth Annual Extension Term 126-month Anniversary of Effective Date 138-month Anniversary of Effective Date through 150-month Anniversary of Effective Date Tenth Annual Extension Term Albertson’s (numbered) Annual Extension Terms, together with SVU’s corresponding Annual Extension Terms may be collectively referred to herein as the “Annual Extension Terms.” Upon occurrence of the Effective Date the parties will execute a letter agreement confirming the Initial Term and Annual Extension Term dates. (d) A Receiving Party’s failure to timely or properly exercise any of the Annual Extension Terms shall constitute a forfeiture of its right to exercise any future Annual Extension Term and the TSA shall terminate with respect to Services provided to such Receiving Party (subject to the applicable Wind Down Period and Transaction Services Period) at the end of such Receiving Party’s then current Annual Extension Term.