Common use of Product Orders Clause in Contracts

Product Orders. All Product orders shall be submitted by the Operators to DISTRIBUTOR and shall specify the location of the Operator’s Stores, the type of Product, and the quantity desired. Operators may place orders electronically (“Electronic Orders”) or by faxing DISTRIBUTOR’s customer service center in accordance with the guidelines detailed below. DISTRIBUTOR will also accept telephone orders on a very limited exception basis for those Operators approved in writing by the COMPANY. All shipment expenses from DISTRIBUTOR’s distribution center to the Operator’s location shall be at DISTRIBUTOR’s expense unless otherwise noted elsewhere in this Agreement. Product order guides will be provided by DISTRIBUTOR to the Operators monthly via DISTRIBUTOR’s website or email if so requested by Operator and, on a limited exception basis approved in writing by the COMPANY, with a hard copy mailed to the affected Store, with availability of such order guides to be made prior to the beginning of the month, but only after review and approval of the order guide by COMPANY. The order guides will be organized by Product categories and will include, among other things, the Product Sell Price (as defined herein), Product units and new Products. DISTRIBUTOR will assign one product code number to each stock-keeping unit (“SKU”) of each Product, which will be common throughout its entire distribution system and will be used on all documents such as order guides, invoices, monthly reports, etc. SKU’s, and, accordingly, the assigned product code number, must differ for equivalent Products supplied by different suppliers. Only Products approved for sale to its Operators by the COMPANY will be listed on this order guide. Electronic Orders will be placed via telephone modem or internet using DISTRIBUTOR’s automated order entry system. All orders are subject to the standard order cut-off time of 4:00 p.m. Pacific time, two (2) days prior to their scheduled delivery day, with the exception of Stores located in the States of Oregon, Washington, and Idaho, which must be submitted three (3) days prior to their scheduled delivery day. Operators will be notified prior to the time of final order cut-off if a product is expected to be out of stock so that an alternative may be ordered, subject to the provisions of Section 3.02. Operators will have until 5:00 p.m, one (1) day before their order shipping day to modify or add-on to their order (Saturday at 5:00 p.m. for Stores whose deliveries will leave DISTRIBUTOR’s facility on Monday). Where reasonably possible, DISTRIBUTOR will schedule ordering days and delivery days that are mutually agreed upon by and between DISTRIBUTOR and each Operator and will provide notice to the affected Operator of at least fourteen (14) days before routing changes. Except for deliveries to the states of Washington, Oregonand Idaho, wherever reasonably possible and unless approved in advance by the COMPANY, DISTRIBUTOR will include no more than one “skip day” between the date of order and date of delivery (Sunday is not counted as a skip day). For example, orders scheduled for delivery on Wednesday will be placed no earlier than Monday. Orders scheduled for delivery on Monday will be placed on Friday. In the event DISTRIBUTOR must include more than one “skip day” between the date of order and date of delivery it will notify COMPANY in advance and obtain COMPANY’s approval. In no event will there ever be more than two “skip days” permitted. DISTRIBUTOR may schedule deliveries on any day of the week. On an exception basis, DISTRIBUTOR will consider shortening the permissible time frames for scheduled deliveries for those Operators that, given unique and compelling business needs, require the same. Operator will be notified of any Product shortages at the time of order placement or, in the case of an Electronic Order, one (1) day prior to the loading of the delivery truck.

Product Orders. All Product orders shall be submitted by the Operators to DISTRIBUTOR and shall specify the location of the Operator’s Stores, the type of Product, and the quantity desired. Operators may place orders electronically (“Electronic Orders”) or by telephoning or faxing DISTRIBUTOR’s customer service center in accordance with the guidelines detailed below. DISTRIBUTOR will also accept telephone orders on a very limited exception basis for those Operators approved in writing by the COMPANY. All shipment expenses from DISTRIBUTOR’s distribution center to the Operator’s location shall be at DISTRIBUTOR’s expense unless otherwise noted elsewhere in this Agreement. Product order guides will be provided by DISTRIBUTOR to the Operators monthly via DISTRIBUTOR’s website or email if so requested by Operator and, on a limited exception basis approved in writing by the COMPANY, and with a hard copy mailed delivered to the affected each Store, with availability of such order guides to be made prior to the beginning of the month, but only after review and approval of the order guide by COMPANY. The order guides will be organized by Product categories and will include, among other things, the Product Sell Price (as defined herein), Product units and new Products. DISTRIBUTOR will assign one product code number to each stock-keeping unit (“SKU”) of each Product, which will be common throughout its entire distribution system and will be used on all documents such as order guides, invoices, monthly reports, etc. SKU’s, and, accordingly, the assigned product code number, must differ for equivalent Products supplied by different suppliers. Only Products approved for sale to its Operators by the COMPANY will be listed on this order guide. Electronic Orders will be placed via telephone modem or internet using DISTRIBUTOR’s automated order entry system. All orders are subject to the standard order cut-off time of 4:00 p.m. Pacific time, two (2) days prior to their scheduled delivery day, with the exception of Stores located in the States of Oregon, Washington, and Idaho, which must be submitted three (3) days prior to their scheduled delivery day. Operators will be notified prior to the time of final order cut-off if a product is expected to be out of stock so that an alternative may be ordered, subject to the provisions of Section 3.02. Operators will have until 5:00 p.m, one (1) day before their order shipping day to modify or add-on to their order (Saturday Friday at 5:00 p.m. for Stores whose deliveries will leave DISTRIBUTOR’s facility on Monday). Where reasonably possible, DISTRIBUTOR will schedule ordering days and delivery days that are mutually agreed upon by and between DISTRIBUTOR and each Operator and will provide notice to the affected Operator of at least fourteen (14) days before routing changes. Except for deliveries to the states of Washington, Oregonand Idaho, wherever Wherever reasonably possible and unless approved in advance by the COMPANYpossible, DISTRIBUTOR will include no more than one three (3) “skip daydays” between the date of order and date of delivery (Sunday is not counted as a skip day)delivery. For example, orders scheduled for delivery on Wednesday Friday will be placed no earlier than Monday. Orders scheduled for delivery on Monday Tuesday will be placed on Friday. In the event DISTRIBUTOR must include more than one four (4) “skip daydays” between the date of order and date of delivery it will notify COMPANY in advance and obtain COMPANY’s approvaladvance. In no event will there ever be more than two four (4) “skip days” permittedpermitted without the prior written approval of COMPANY. DISTRIBUTOR may schedule deliveries on any day of the week. On an exception basis, DISTRIBUTOR will consider shortening the permissible time frames for scheduled deliveries for those Operators that, given unique and compelling business needs, require the same. Operator will be notified of any Product shortages at the time of order placement or, in the case of an Electronic Order, one (1) day prior to the loading of the delivery truck.

Product Orders. All Product orders shall be submitted by the Operators to DISTRIBUTOR and shall specify the location of the Operator’s Stores, the type of Product, and the quantity desired. Operators may place orders electronically (“Electronic Orders”) or by telephoning or faxing DISTRIBUTOR’s customer service center in accordance with the guidelines detailed below. DISTRIBUTOR will also accept telephone orders on a very limited exception basis for those Operators approved in writing by the COMPANY. All shipment expenses from DISTRIBUTOR’s distribution center to the Operator’s location shall be at DISTRIBUTOR’s expense unless otherwise noted elsewhere in this Agreement. Product order guides will be provided by DISTRIBUTOR to the Operators monthly via DISTRIBUTOR’s website or email if so requested by Operator and, on a limited exception basis approved in writing by the COMPANY, and with a hard copy mailed delivered to the affected each Store, with availability of such order guides to be made prior to the beginning of the month, but only after review and approval of the order guide by COMPANY. The order guides will be organized by Product categories and will include, among other things, the Product Sell Price (as defined herein), Product units and new Products. DISTRIBUTOR will assign one product code number to each stock-keeping unit (“SKU”) of each Product, which will be common throughout its entire distribution system and will be used on all documents such as order guides, invoices, monthly reports, etc. SKU’s, and, accordingly, the assigned product code number, must differ for equivalent Products supplied by different suppliers. DISTRIBUTOR will use its best efforts to utilize the existing TCBY product item numbers. Only Products approved for sale to its Operators by the COMPANY will be listed on this order guide. Electronic Orders will be placed via telephone modem or internet using DISTRIBUTOR’s automated order entry system. All orders are subject to the standard order cut-off time of 4:00 p.m. Pacific local time, one (1) day prior to their scheduled delivery day for Stores located in the states of Florida and Georgia and 4:00 p.m. local time. In no event will Electronic Orders be required more than two (2) days prior to their scheduled delivery day, with the exception of Stores located in the States of Oregon, Washington, and Idaho, which must be submitted three (3) days prior to their scheduled delivery day. Operators will be notified prior to the time of final order cut-off if a product is expected to be out of stock so that an alternative may be ordered, subject to the provisions of Section 3.02. Operators will have until 5:00 p.mp.m. local time, one (1) day before their order shipping day to modify or add-on to their order (Saturday at 5:00 order. Notwithstanding the foregoing, Stores that do not place Electronic Orders and have scheduled delivery days of Monday in Florida and Georgia, must have their orders placed by 4 p.m. for Stores whose local time, on the preceding Friday. DISTRIBUTOR may schedule deliveries will leave DISTRIBUTOR’s facility on Monday)any day of the week. Where reasonably possible, DISTRIBUTOR will schedule ordering days and delivery days that are mutually agreed upon by and between DISTRIBUTOR and each Operator and will provide notice to the affected Operator of at least fourteen (14) days before routing changes. Except for deliveries to the states of Washington, Oregonand Idaho, wherever reasonably possible and unless approved in advance by the COMPANY, DISTRIBUTOR will include no more than one “skip day” between the date of order and date of delivery (Sunday is not counted as a skip day). For example, orders scheduled for delivery on Wednesday will be placed no earlier than Monday. Orders scheduled for delivery on Monday will be placed on Friday. In the event DISTRIBUTOR must include more than one “skip day” between the date of order and date of delivery it will notify COMPANY in advance and obtain COMPANY’s approval. In no event will there ever be more than two “skip days” permitted. DISTRIBUTOR may schedule deliveries on any day of the week. On an exception basis, DISTRIBUTOR will consider shortening the permissible time frames for scheduled deliveries for those Operators that, given unique and compelling business needs, require the same. Operator will be notified of any Product shortages at the time of order placement or, in the case of an Electronic Order, one (1) day prior to the loading of the delivery truck.

Product Orders. All Product orders shall be submitted by the Operators to DISTRIBUTOR and shall specify the location of the Operator’s Stores, the type of Product, and the quantity desired. Operators may place orders electronically (“Electronic Orders”) or by telephoning or faxing DISTRIBUTOR’s customer service center in accordance with the guidelines detailed below. DISTRIBUTOR will also accept telephone orders on a very limited exception basis for those Operators approved in writing by the COMPANY. All shipment expenses from DISTRIBUTOR’s distribution center to the Operator’s location shall be at DISTRIBUTOR’s expense unless otherwise noted elsewhere in this Agreement. Product order guides will be provided by DISTRIBUTOR to the Operators monthly via DISTRIBUTOR’s website or email if so requested by Operator and, on a limited exception basis approved in writing by the COMPANY, and with a hard copy mailed delivered to the affected each Store, with availability of such order guides to be made prior to the beginning of the month, but only after review and approval of the order guide by COMPANY. The order guides will be organized by Product categories and will include, among other things, the Product Sell Price (as defined herein), Product units and new Products. DISTRIBUTOR will assign one product code number to each stock-keeping unit (“SKU”) of each Product, which will be common throughout its entire distribution system and will be used on all documents such as order guides, invoices, monthly reports, etc. SKU’s, and, accordingly, the assigned product code number, must differ for equivalent Products supplied by different suppliers. DISTRIBUTOR will utilize the existing TCBY product item numbers. Only Products approved for sale to its Operators by the COMPANY will be listed on this order guide. Electronic Orders will be placed via telephone modem or internet using DISTRIBUTOR’s automated order entry systemweb-site. All orders Electronic Orders are subject to the standard order cut-off time of 4:00 p.m. Pacific local time, two (2) days prior to their scheduled delivery day. Operators will have until 5:00 p.m. local time, with the exception of Stores located in the States of Oregon, Washington, and Idaho, which must be submitted three two (32) days prior before their order shipping day to modify or add-on to their scheduled delivery dayorder. Orders not placed electronically may be subject to earlier cut-off times than those established above as mutually agreed upon between COMPANY and DISTRIBUTOR. Operators will be notified prior to 10:00 a.m. the time of final day after their order cut-off if a product is expected to be out of stock so that an alternative may be ordered, subject to the provisions of Section 3.02. Operators will Notwithstanding the foregoing, Stores that have until 5:00 p.ma scheduled delivery day of Monday, one (1) must have their orders placed by 12:00 p.m. local time, on the preceding Saturday and Stores that have a scheduled delivery day before of Tuesday must have their order shipping orders placed by 12:00 p.m. local time, on the preceding Sunday. DISTRIBUTOR may schedule deliveries at any time and day to modify or add-on to their order (Saturday at 5:00 p.m. for Stores whose deliveries will leave DISTRIBUTOR’s facility on Monday)of the week. Where However, where reasonably possible, DISTRIBUTOR will schedule ordering days and delivery days that are mutually agreed upon by and between DISTRIBUTOR and each Operator and will provide notice to the affected Operator of at least fourteen (14) days before routing changes. Except for deliveries to the states of Washington, Oregonand Idaho, wherever reasonably possible and unless approved in advance by the COMPANY, DISTRIBUTOR will include no more than one “skip day” between the date of order and date of delivery (Sunday is not counted as a skip day). For example, orders scheduled for delivery on Wednesday will be placed no earlier than Monday. Orders scheduled for delivery on Monday will be placed on Friday. In the event DISTRIBUTOR must include more than one “skip day” between the date of order and date of delivery it will notify COMPANY in advance and obtain COMPANY’s approval. In no event will there ever be more than two “skip days” permitted. DISTRIBUTOR may schedule deliveries on any day of the week. On an exception basis, DISTRIBUTOR will consider shortening the permissible time frames for scheduled deliveries for those Operators that, given unique and compelling business needs, require the same. Operator will be notified of any Product shortages at the time of order placement or, in the case of an Electronic Order, one (1) day prior to the loading of the delivery truck.

Product Orders. All Product orders shall be submitted by the Operators to DISTRIBUTOR and shall specify the location of the Operator’s Stores, the type of Product, and the quantity desired. Operators may place orders electronically (“Electronic Orders”) or by telephoning or faxing DISTRIBUTOR’s customer service center in accordance with the guidelines detailed below. DISTRIBUTOR will also accept telephone orders on a very limited exception basis for those Operators approved in writing by the COMPANY. All shipment expenses from DISTRIBUTOR’s distribution center to the Operator’s location shall be at DISTRIBUTOR’s expense unless otherwise noted elsewhere in this Agreement. Product order guides will be provided by DISTRIBUTOR to the Operators monthly via DISTRIBUTOR’s website or email if so requested by Operator and, on a limited exception basis approved in writing by the COMPANY, and with a hard copy mailed delivered to the affected each Store, with availability of such order guides to be made prior to the beginning of the month, but only after review and approval of the order guide by COMPANY. The order guides will be organized by Product categories and will include, among other things, the Product Sell Price (as defined herein), Product units and new Products. DISTRIBUTOR will assign one product code number to each stock-keeping unit (“SKU”) of each Product, which will be common throughout its entire distribution system and will be used on all documents such as order guides, invoices, monthly reports, etc. SKU’s, and, accordingly, the assigned product code number, must differ for equivalent Products supplied by different suppliers. DISTRIBUTOR will use its best efforts to utilize the existing TCBY product item numbers. Only Products approved for sale to its Operators by the COMPANY will be listed on this order guide. Electronic Orders will be placed via telephone modem or internet using DISTRIBUTOR’s automated order entry system. All orders are subject to the standard order cut-off time of 4:00 2:00 p.m. Pacific time, two one (21) days day prior to their scheduled delivery day, with the exception of Stores located in the States State of OregonUtah and Durango, Washington, and Idaho, Colorado which must be submitted three two (32) days prior to their scheduled delivery dayday and the Cross-docked Stores which must be submitted one (1) day prior to the day their order is to be picked up at the DISTRIBUTOR distribution center. Operators will be notified prior to the time of final order cut-off if a product is expected to be out of stock so that an alternative may be ordered, subject to the provisions of Section 3.02. Operators will have until 5:00 4:30 p.m, one (1) day before their order shipping day to modify or add-on to their order (Saturday Sunday at 5:00 4:30 p.m. for Stores whose deliveries will leave DISTRIBUTOR’s facility on Monday). Where reasonably possible, DISTRIBUTOR will schedule ordering days and delivery days that are mutually agreed upon by and between DISTRIBUTOR and each Operator and will provide notice to the affected Operator of at least fourteen (14) days before routing changes. Except for deliveries to the states of Washington, Oregonand Idaho, wherever reasonably possible and unless approved in advance by the COMPANY, DISTRIBUTOR will include no more than one “skip day” between the date of order and date of delivery (Sunday is not counted as a skip day). For example, orders scheduled for delivery on Wednesday will be placed no earlier than Monday. Orders scheduled for delivery on Monday will be placed on Friday. In the event DISTRIBUTOR must include more than one “skip day” between the date of order and date of delivery it will notify COMPANY in advance and obtain COMPANY’s approval. In no event will there ever be more than two “skip days” permitted. Although DISTRIBUTOR may schedule deliveries on any day of the week, it is DISTRIBUTOR’S intent to schedule deliveries on Tuesdays, Wednesdays or Thursdays, wherever possible. On an exception basis, DISTRIBUTOR will consider shortening the permissible time frames for scheduled deliveries for those Operators that, given unique and compelling business needs, require the same. Operator will be notified of any Product shortages at the time of order placement or, in the case of an Electronic Order, one (1) day prior to the loading of the delivery truck.

Product Orders. All Product orders shall be submitted by the Operators to DISTRIBUTOR and shall specify the location of the Operator’s Stores, the type of Product, and the quantity desired. Operators may must place orders electronically (“Electronic Orders”) or if placed by faxing telephone or fax to DISTRIBUTOR’s customer service center in accordance with the guidelines detailed below. DISTRIBUTOR , such order will also accept telephone orders on be subject to a very limited exception basis for those Operators approved in writing by [CONFIDENTIAL](1) surcharge pursuant to the COMPANYprovisions of this section 2.01. All shipment expenses from DISTRIBUTOR’s distribution center to the Operator’s location shall be at DISTRIBUTOR’s expense unless otherwise noted elsewhere in this this (1) Confidential treatment has been requested for the redacted portion. The confidential, redacted portions have been filed separately with the SEC. Agreement. Product order guides will be provided by DISTRIBUTOR to the Operators monthly via DISTRIBUTOR’s website or email if so requested by Operator and, on a limited exception basis approved in writing by the COMPANY, and with a hard copy mailed delivered to the affected each Store, with availability of such order guides to be made prior to the beginning of the month, only if requested by the individual location, but only after review and approval of the order guide by COMPANY. The order guides will be organized by Product categories and will include, among other things, the Product Sell Price (as defined herein), Product units and new Products. DISTRIBUTOR will assign one product code number to each stock-keeping unit (“SKU”) of each Product, which will be common throughout its entire distribution system and will be used on all documents such as order guides, invoices, monthly reports, etc. SKU’s, and, accordingly, the assigned product code number, must differ for equivalent Products supplied by different suppliers. DISTRIBUTOR will use its best efforts to utilize the existing TCBY product item numbers. Only Products approved for sale to its Operators by the COMPANY will be listed on this order guide. Electronic Orders will be placed via telephone modem or by internet using DISTRIBUTOR’s automated order entry system. All orders are subject to the standard order cut-off time of 4:00 p.m. Pacific time, two (2) days prior to their scheduled delivery day. Notwithstanding the foregoing, with Stores scheduled to receive deliveries on a Monday must have their order placed by 10:00 a.m. the exception preceding Friday. Operator will be notified of Stores located any Product shortages at the time of order placement or, in the States case of Oregonan Electronic Order, Washingtonat order placement. If an item is out, and Idahothe Operator may choose another at that time. If a shortage occurs after the order is placed, which must be submitted three (3) days prior to their scheduled delivery day. Operators the location will be notified prior to the loading of the delivery truck with sufficient time of final order cut-off if a product is expected to be out of stock so that an alternative may be ordered, subject to the provisions of Section 3.02. Operators will have until 5:00 p.m, one (1) day before their order shipping day to modify or add-on to their order (Saturday at 5:00 p.m. for Stores whose deliveries will leave DISTRIBUTOR’s facility on Monday). Where reasonably possible, DISTRIBUTOR will schedule ordering days and delivery days that are mutually agreed upon by and between DISTRIBUTOR and each Operator and will provide notice to the affected Operator of at least fourteen (14) days before routing changes. Except for deliveries to the states of Washington, Oregonand Idaho, wherever reasonably possible and unless approved in advance by the COMPANY, DISTRIBUTOR will include no more than one “skip day” between the date of order and date of delivery (Sunday is not counted as a skip day). For example, orders scheduled for delivery on Wednesday will be placed no earlier than Monday. Orders scheduled for delivery on Monday will be placed on Friday. In the event DISTRIBUTOR must include more than one “skip day” between the date of order and date of delivery it will notify COMPANY in advance and obtain COMPANY’s approval. In no event will there ever be more than two “skip days” permitted. DISTRIBUTOR may schedule deliveries on any day of the week. On an exception basis, DISTRIBUTOR will consider shortening the permissible time frames for scheduled deliveries for those Operators that, given unique and compelling business needs, require the same. Operator Commencing [CONFIDENTIAL](2) days after the Effective Date, DISTRIBUTOR will be notified permitted to charge an Operator who places their order via fax or phone a surcharge of any Product shortages at [CONFIDENTIAL](3) which will be shown as a separate line item on the time of order placement or, in the case of an Electronic Order, one (1) day prior to the loading of the delivery truckinvoice.

Product Orders. All Product orders shall be submitted by the Operators to DISTRIBUTOR and shall specify the location of the Operator’s Stores, the type of Product, and the quantity desired. Operators may place orders electronically (“Electronic Orders”) or by telephoning or faxing DISTRIBUTOR’s customer service center in accordance with the guidelines detailed below. DISTRIBUTOR will also accept telephone orders on a very limited exception basis for those Operators approved in writing by the COMPANY. All shipment expenses from DISTRIBUTOR’s distribution center to the Operator’s location shall be at DISTRIBUTOR’s expense unless otherwise noted elsewhere in this Agreement. Product order guides will be provided by DISTRIBUTOR to the Operators monthly via DISTRIBUTOR’s website or email if so requested by Operator and, on a limited exception basis approved in writing by the COMPANY, and with a hard copy mailed delivered to the affected each Store, with availability of such order guides to be made prior to the beginning of the month, but only after review and approval of the order guide by COMPANY. The order guides will be organized by Product categories and will include, among other things, the Product Sell Price (as defined herein), Product units and new Products. DISTRIBUTOR will assign one product code number to each stock-keeping unit (“SKU”) of each Product, which will be common throughout its entire distribution system and will be used on all documents such as order guides, invoices, monthly reports, etc. SKU’s, and, accordingly, the assigned product code number, must differ for equivalent Products supplied by different suppliers. DISTRIBUTOR will utilize the existing TCBY product item numbers. Only Products approved for sale to its Operators by the COMPANY will be listed on this order guide. Electronic Orders will be placed via telephone modem or internet using DISTRIBUTOR’s automated order entry systemweb-site. All orders Electronic Orders are subject to the standard order cut-off time of 4:00 p.m. Pacific local time, two (2) days prior to their scheduled delivery day, with the exception of day for Stores located in the States states of OregonAlabama, WashingtonMississippi and Louisiana and 4:00 p.m. local time, and Idaho, which must be submitted three (3) days prior to their scheduled delivery dayday for stores located in the states of Tennessee and Kentucky. Orders not placed electronically may be subject to earlier cut-off times than those established above as mutually agreed upon between COMPANY and DISTRIBUTOR. Operators will be notified prior to the time of final order cut-off if a product is expected to be out of stock so that an alternative may be ordered, subject to the provisions of Section 3.02. Operators will have until 5:00 p.m12:00 p.m. local time, one (1) day before their order shipping day to modify or add-on to their order (Saturday order. Notwithstanding the foregoing, Stores that have a scheduled delivery day of Monday, must have their orders placed by 12:00 p.m. local time, on the preceding Friday and will have until 12:00 p.m. on Sunday to modify or add-on to their order. DISTRIBUTOR may schedule deliveries at 5:00 p.m. for Stores whose deliveries will leave DISTRIBUTOR’s facility on Monday)any time and day of the week. Where However, where reasonably possible, DISTRIBUTOR will schedule ordering days and delivery days that are mutually agreed upon by and between DISTRIBUTOR and each Operator and will provide notice to the affected Operator of at least fourteen (14) days before routing changes. Except for deliveries to the states of Washington, Oregonand Idaho, wherever reasonably possible and unless approved in advance by the COMPANY, DISTRIBUTOR will include no more than one “skip day” between the date of order and date of delivery (Sunday is not counted as a skip day). For example, orders scheduled for delivery on Wednesday will be placed no earlier than Monday. Orders scheduled for delivery on Monday will be placed on Friday. In the event DISTRIBUTOR must include more than one “skip day” between the date of order and date of delivery it will notify COMPANY in advance and obtain COMPANY’s approval. In no event will there ever be more than two “skip days” permitted. DISTRIBUTOR may schedule deliveries on any day of the week. On an exception basis, DISTRIBUTOR will consider shortening the permissible time frames for scheduled deliveries for those Operators that, given unique and compelling business needs, require the same. Operator will be notified of any Product shortages at the time of order placement or, in the case of an Electronic Order and, if not an Electronic Order, one (1) day prior to no later than the loading morning of the delivery trucktheir order cut-off day.

Product Orders. All Product orders shall be submitted by the Operators to DISTRIBUTOR and shall specify the location of the Operator’s Stores, the type of Product, and the quantity desired. Operators may place orders electronically (“Electronic Orders”) or by telephoning or faxing DISTRIBUTOR’s customer service center in accordance with the guidelines detailed below. DISTRIBUTOR Orders placed by fax or telephone will also accept telephone orders on be subject to a very limited exception basis for those Operators approved higher Markup as detailed in writing by the COMPANYSection 4.12. All shipment expenses from DISTRIBUTOR’s distribution center to the Operator’s location shall be at DISTRIBUTOR’s expense unless otherwise noted elsewhere in this Agreement. Product order guides will be provided by DISTRIBUTOR to the Operators monthly via DISTRIBUTOR’s website or email if so requested by Operator and, on a limited exception basis approved in writing by the COMPANY, and with a hard copy mailed delivered to the affected each Store, with availability of such order guides to be made prior to the beginning of the month, but only after review and approval of the order guide by COMPANY. The order guides will be organized by Product categories and will include, among other things, the Product Sell Price (as defined herein), Product units and new Products. DISTRIBUTOR will assign one product code number to each stock-keeping unit (“SKU”) of each Product, which will be common throughout its entire distribution system and will be used on all documents such as order guides, invoices, monthly reports, etc. SKU’s, and, accordingly, the assigned product code number, must differ for equivalent Products supplied by different suppliers. DISTRIBUTOR will utilize the existing TCBY product item numbers. Only Products approved for sale to its Operators by the COMPANY will be listed on this order guide. Electronic Orders will be placed via telephone modem or internet using DISTRIBUTOR’s automated order entry systemweb-site. All orders Electronic Orders, including order add-ons and modifications, are subject to the standard order cut-off time of 4:00 p.m. Pacific 11:00 a.m. local time, two (2) days prior to their scheduled delivery day, with the exception of Stores located in the States of Oregon, Washington, . Orders not placed electronically may be subject to earlier cut-off times than those established above as mutually agreed upon between COMPANY and Idaho, which must be submitted three (3) days prior to their scheduled delivery dayDISTRIBUTOR. Operators will be notified prior to the time of final order cut-off if a product is expected to be out of stock so that an alternative may be ordered, subject to the provisions of Section 3.02. Operators will Notwithstanding the foregoing, Stores that have until 5:00 p.ma scheduled delivery day of Monday, one (1) must have their orders placed by 11:00 a.m. local time on the preceding Friday and Stores that have a scheduled delivery day before of Tuesday must have their order shipping orders placed by 11:00 a.m. on the preceding Sunday. DISTRIBUTOR may schedule deliveries at any time and day to modify or add-on to their order (Saturday at 5:00 p.m. for Stores whose deliveries will leave DISTRIBUTOR’s facility on Monday)of the week. Where However, where reasonably possible, DISTRIBUTOR will schedule ordering days and delivery days that are mutually agreed upon by and between DISTRIBUTOR and each Operator and will provide notice to the affected Operator of at least fourteen (14) days before routing changes. Except for deliveries to the states of Washington, Oregonand Idaho, wherever reasonably possible and unless approved in advance by the COMPANY, DISTRIBUTOR will include no more than one “skip day” between the date of order and date of delivery (Sunday is not counted as a skip day). For example, orders scheduled for delivery on Wednesday will be placed no earlier than Monday. Orders scheduled for delivery on Monday will be placed on Friday. In the event DISTRIBUTOR must include more than one “skip day” between the date of order and date of delivery it will notify COMPANY in advance and obtain COMPANY’s approval. In no event will there ever be more than two “skip days” permitted. DISTRIBUTOR may schedule deliveries on any day of the week. On an exception basis, DISTRIBUTOR will consider shortening the permissible time frames for scheduled deliveries for those Operators that, given unique and compelling business needs, require the same. Operator will be notified of any Product shortages at the time of order placement or, in the case of an Electronic Order and, if not an Electronic Order, one (1) day prior to no later than the loading morning of the delivery trucktheir order cut-off day.