PSEs. The following specific terms of sale apply in addition to the general Terms of Sale otherwise set forth herein, for any orders placed through a PSE. Upon notification of a PSE purchasing opportunity, the Licensee will have four weeks to provide the PLCB with a firm commitment to purchase. A Licensee that holds multiple retail licenses must submit its firm commitment to purchase as an aggregate of all the Licensee’s associated LIDs. After returning the firm commitment to the PLCB, the licensee will have five business days to rescind and/or make modifications to its commitment within this window. No rescission or modifications are permitted once this time period has elapsed. The Licensee’s most recent order communication prior to the expiration of the fifth business day will be accepted by the PLCB as an irrevocable commitment by the Licensee to order at least 80% of the Product specified therein or at least 80% of any lesser amount of Product procured by the PLCB in reliance on such commitment (“Monthly Performance Target”). Determination of the Licensee’s compliance with its Monthly Performance Target will be calculated across all Products ordered through PSEs. Licensees holding multiple retail licenses will have their performance measured in the aggregate, across all associated LIDs. At the close of each month, the Licensee will receive a report detailing the Licensee’s ordering activity, on an item-by-item basis, for all PSE Products the Licensee committed to purchase. If the report shows the Licensee met its Monthly Performance Target in the aggregate, i.e., the Licensee ordered at least 80% of the total quantity of PSE Products procured by the PLCB and made available to the Licensee in reliance on the Licensee’s advance commitment during the commitment period, then the Licensee will incur no handling fees under this section. If the report shows the Licensee failed to meet its Monthly Performance Target in the aggregate, the Licensee shall be assessed a handling fee for each case of Product below the 80% threshold, in accordance with the schedule below. Handling fees are not subject to state or local sales tax. PSE Ordering Performance & Handling Fee Schedule Ordering Performance Handling Fee (Per Case) 80.0% - 100% $0.00 70.0% - 79.99% $5.50 60.0% - 69.99% $5.75 Below 60.0% $6.00
PSEs. 3. Full-time employees who have volunteered to work on their non- scheduled day, by seniority (overtime),
PSEs
