Common use of Procurement of Goods Clause in Contracts

Procurement of Goods. 1. SVU agrees to use its commercially reasonable efforts to permit New Albertson’s to obtain the benefits (including as to price, shipping, payment terms, warranties, indemnification, restocking fees and penalties, cancellation return and refund policies) of vendor and supply contracts for products, goods and inventory with nationally-based vendors and suppliers utilized by SVU and its Affiliates (each such contract, individually, a “Corporate Contract” and, collectively, the “Corporate Contracts”). For the avoidance of doubt, contracts related to regionally specific items are not included in the definition of Corporate Contract. In addition, any contracts bifurcated as contemplated by Section 5.13 of the SPA shall not be included in the definition of Corporate Contract.

Procurement of Goods. 1. SVU agrees to use its commercially reasonable efforts to permit New Albertson’s to obtain the benefits (including as to price, shipping, payment terms, warranties, indemnification, restocking fees and penalties, cancellation return and refund policies) of vendor and supply contracts for products, goods and inventory with nationally-based vendors and suppliers utilized by SVU and its Affiliates (each such contract, individually, a “Corporate Contract” and, collectively, the “Corporate Contracts”). For the avoidance of doubt, contracts related to regionally specific items are not included in the definition of Corporate Contract. In addition, any contracts bifurcated as contemplated by Section 5.13 of the SPA shall not be included in the definition of Corporate Contract.