Common use of Purchase of Products and Services Clause in Contracts

Purchase of Products and Services. During the term of this Agreement, Purchaser will purchase from McLane, and XxXxxx will sell to Purchaser, substantially all of Purchaser’s requirements of wholesale food and non-food/general merchandise products customarily supplied by convenience food wholesalers. Such products shall include those standard convenience food store items, including, but not limited to, the following (the “Products”): (a) Groceries, including coffee, tea, cereal, canned meats, condiments, juice, baby food, canned and dry goods and eggs; (b) Deli foods, including meats and salads, breakfast foods, nachos and bulk sausage, xxxxxx, cheese and fish; (c) Frozen foods, such as fruits, vegetables and juices; (d) Frozen fast foods, such as burritos, pizza, pizza pieces, frozen sandwiches and salads; (e) Candy, snacks and popcorn, (f) Cigarettes and tobacco products; (g) Cold packaged meats, lunch meats and cheeses; (h) Shortening, breading and kitchen supplies; (i) Private or controlled label soft drinks and beverages; (j) Post mix products; (k) Store supply items, i.e., bags, wraps, fast food supplies (including napkins, individual condiments and cleaners); (l) Cooler items, i.e., cheese, biscuits, dips, cultured products, butter and margarine; (m) Health and beauty aids, hosiery, and film and flash; and, (n) General merchandise items, including motor oil, other automotive products, housewares, hardware, electrical supplies, baby supplies, sunglasses, lighters, toys and pet supplies. McLane, by and through its divisions and/or subsidiaries, shall supply and deliver those products described hereinabove which are ordered by purchaser on a weekly basis according to those prices outlined in the Billing Plan attached hereto as Exhibit ”A” and made a part hereof. Significant changes in fuel prices may also involve additional charges.

Purchase of Products and Services. During the term of this AgreementAgreement --------------------------------- and from the Service Commencement Date (as herein defined), Purchaser Company will purchase from McLane, McLane and XxXxxx will sell to PurchaserCompany, substantially all of Purchaser’s Company's requirements of wholesale food and non-food/food/ general merchandise products customarily supplied by convenience food wholesalers; provided, however, that the foregoing shall have no effect upon products purchased by Company from other vendors for whom McLane is not an approved supplier for existing and future branded fast food operations; and further, provided, that Company may purchase (i) traditional DSD products from DSD (direct store delivery) vendors, and (ii) all types of products currently being purchased from other vendors other than full-time convenience food wholesalers (it being understood that McLane may at any time propose for additional business). Such products to be purchased from McLane shall include those standard convenience food store items, including, but not limited to, the following (the “"Products”"): (a) Groceries, including coffee, tea, cereal, canned meats, condiments, juice, baby food, canned and dry goods and eggs; (b) Deli foods, including meats and salads, breakfast foods, nachos and bulk sausage, xxxxxx, cheese and fish; (c) Frozen foods, such as fruits, vegetables and juices; (d) Frozen fast foods, such as burritos, pizza, pizza pieces, frozen sandwiches and salads; (e) Candy, snacks and popcorn,; (f) Cigarettes and tobacco products; (g) Cold packaged meats, lunch meats and cheeses; (h) Shortening, breading and kitchen supplies; (i) Private or controlled label soft drinks and beverages; (j) Post mix products; (k) Store supply items, i.e., bags, wraps, fast food supplies (including napkins, individual condiments and cleaners); (l) Cooler items, i.e., cheese, biscuits, dips, cultured products, butter and margarine; (m) Health and beauty aids, hosiery, and film and flash; and, (n) General merchandise items, including motor oil, other automotive products, housewares, hardware, electrical supplies, baby supplies, sunglasses, lighters, . toys and pet supplies. McLane, by and through its divisions and/or subsidiaries, shall supply and deliver those products described hereinabove which are ordered by purchaser Company on a weekly basis according to those prices outlined in the Billing Plan Plans attached hereto as Exhibit ”"A” " and made a part hereof. Significant The foregoing described product categories and pricing plan may be adjusted as market conditions change, and significant changes in fuel prices may also involve additional charges, all in accordance with Article V hereof. XxXxxx'x right to propose coverage of other vendor/supplier sources would require a competitive offer with the terms offered by vendors.

Purchase of Products and Services. During the term of this Agreement, Purchaser Mapco and all affiliates of Mapco will purchase from McLane, and XxXxxx MxXxxx will sell and deliver to Purchaser, substantially Mapco and any affiliate of Mapco all of Purchaser’s the stores' requirements of wholesale food and non-food/general merchandise products customarily supplied by convenience food wholesalerswholesalers in accordance with the prices and other terms and conditions outlined in the Exhibits A, B and C attached hereto and incorporated herein for all purposes. Such products shall include those all standard convenience food store items, including, but not limited to, the following (the “Products”"PRODUCTS"): (a) Groceries, including coffee, tea, cereal, canned meats, condiments, juice, baby food, canned and dry goods and eggs; (b) Deli foods, including meats and salads, breakfast foods, nachos and bulk sausage, xxxxxxfxxxxx, cheese and fish; (c) Frozen foods, such as fruits, vegetables and juices; (d) Frozen fast foods, such as burritos, pizza, pizza pieces, frozen sandwiches sandwiches, and salads; (e) Candy, snacks and popcorn,; (f) Cigarettes and tobacco productsproducts (other than "fourth tier" products not distributed by McLane); (g) Cold packaged meats, lunch meats and cheeses; (h) Shortening, breading and kitchen supplies; (i) Private or controlled label soft drinks Prepaid phone cards and beveragescellular phones; (j) Post mix productsproducts including CO(2) Tanks; (k) Store supply items, i.e., bags, wraps, fast food supplies (including napkins, individual condiments and cleaners); (l) Cooler items, i.e., cheese, biscuits, dips, cultured products, butter and margarine; (m) Health and beauty aids, hosiery, and film and flash; and, (n) General merchandise items, including motor oil, other automotive products, housewares, hardware, electrical supplies, baby supplies, sunglasses, lighters, toys and pet supplies. McLane[*** CONFIDENTIAL TREATMENT REQUESTED] -2- McLane acknowledges that Mapco may use Liberty Wholesale Co., Inc. or a third-party distributor to supply items other than those customarily supplied by and through its divisions and/or subsidiariesconvenience food wholesalers, including without limitation close-outs, one-time special buys, non major brand fourth tier cigarettes, imported novelty times; provided, however, that Mapco shall supply and deliver those products described hereinabove which are ordered by purchaser on a weekly basis according first offer McLane the right to those prices outlined in the Billing Plan attached hereto as Exhibit ”A” and made a part hereof. Significant changes in fuel prices may also involve additional chargesinclude any such product this Agreement.

Purchase of Products and Services. During the term of this Agreement, Purchaser Agreement Company will purchase from McLaneXxXxxx, and XxXxxx will sell to PurchaserCompany, substantially all of Purchaser’s Company's requirements of wholesale food and non-food/general merchandise products customarily supplied by convenience food wholesalers; provided, however, that the foregoing shall have no effect upon products purchased by Company from other vendors for whom McLane is not an approved supplier for existing and future branded fast food operations; and further, provided, that Company may purchase (i) traditional DSD products from DSD (direct store delivery) vendors, and (ii) all types of products currently being purchased from other vendors other than full-line convenience food wholesalers (it being understood that McLane may at any time propose for additional business). Such products to be purchased from * Selected portions have been deleted as confidential pursuant to Rule 24b-2. Complete copies of the entire exhibit have been filed with the Securities and Exchange Commission and marked "CONFIDENTIAL TREATMENT." McLane shall include those standard convenience food store items, including, but not limited to, the following (the “"Products”"): (a) Groceries, including coffee, tea, cereal, canned meats, condiments, juice, baby food, canned and dry goods and eggs; (b) Deli foods, including meats and salads, breakfast foods, nachos and bulk sausage, xxxxxx, cheese and fish; (c) Frozen foods, such as fruits, vegetables and juices; (d) Frozen fast foods, such as burritos, pizza, pizza pieces, frozen sandwiches and salads; (e) Candy, snacks and popcorn,; (f) Cigarettes and tobacco products; (g) Cold packaged meats, lunch meats and cheeses; (h) Shortening, breading and kitchen supplies; (i) Private or controlled label soft drinks and beverages; (j) Post mix products; (k) Store supply items, i.e., bags, wraps, fast food supplies (including napkins, individual condiments and cleaners); (l) Cooler items, i.e., cheese, biscuits, dips, cultured products, butter and margarine; (m) Health and beauty aids, hosiery, and film and flash; and, (n) General merchandise items, including motor oil, other automotive products, housewares, hardware, electrical supplies, baby supplies, sunglasses, lighters, toys and pet supplies. McLane, by and through its divisions and/or subsidiaries, shall supply and deliver those products described hereinabove which are ordered by purchaser Company on a weekly basis according to those prices outlined in the Billing Plan Plans attached hereto as Exhibit ”"A” " and made a part hereof. Significant The foregoing described product categories and pricing plan may be adjusted as market conditions change, and significant changes in fuel prices may also involve additional charges, all in accordance with Article V hereof. XxXxxx'x right to propose coverage of other vendor/supplier sources would require a competitive offer with the terms offered by vendors.