Common use of Specified Products Clause in Contracts

Specified Products. USF will maintain an appropriate inventory of all Specified Products, including Proprietary Products (as defined below), under the following conditions: i. Customer purchases from USF a minimum of [***] cases per week or [***] turns per year, per Distribution Center. ii. A minimum of [***] days written notice is required for new products to be brought into USF inventory for distribution. iii. Customer will notify USF at least [***] days in advance of special promotions that may cause unusual or excessive demand on inventory. iv. If USF does not presently transact business with a supplier/packer designated by Customer, a complete Seller's Agreement from that supplier/packer is required before any product is brought into inventory. This process may take up to [***] days. The current insurance requirement under the Seller's Agreement of $[***] is intended to protect Customer and USF from costs associated with product defect and other third party acts or omissions. v. Customer's national contracts with manufacturers and manufacturer representatives will be honored by USF. As more specifically set forth in Section 4(f) below, under no circumstances will USF implement manufacturer deviated pricing without written confirmation from the specific manufacturer. If Customer has contracts with a given manufacturer for products not stocked by USF, Customer will give consideration to similar products stocked by USF, provided that the stocking manufacturer will equalize the pricing. Notwithstanding the foregoing, when the cost of products has been negotiated directly between Customer and vendors, such vendors may attempt to place specific performance parameters on USF. These may include, but are not limited to, payment terms, purchase quantity minimums, pick-up minimums and reporting requirements. As USF must manage its own negotiations with vendors to control inventories, warehouse and receiving efficiencies, USF will not accept, and shall in no event be required to accept, such conditions established by Customer specified vendors. USF retains exclusive responsibility for all in-bound logistics.

Specified Products. USF will maintain an appropriate inventory of all Specified Products, including Proprietary Products (proprietary products as defined below), under the following conditions: i. Customer purchases from USF a minimum of [* ***] * cases per week or [***] * turns per year, per Distribution Center. ii. A minimum of [***] * days written notice is required for new products to be brought into USF inventory for distribution.from new vendors and *** days notice from existing vendors, iii. Customer will notify USF at least [***] * days in advance of special promotions that may cause unusual or excessive demand on inventory. Any product brought into USF inventory to address Customer unusual or excessive demand shall, in all events, be the responsibility of the ordering entity if USF buyers follow projected estimates of Customer. iv. If USF does not presently transact business with a supplier/packer designated by Customer, a complete Sellerwritten procurement agreement, which contains USF's Agreement standard representations, warranties and insurance requirements, from that such supplier/packer is required before any product is brought into USF inventory. This process may take up Customer shall use commercially reasonable efforts to [***] days. The current insurance requirement under the Sellerassist USF, upon USF's Agreement of $[***] is intended to protect Customer and USF from costs associated with product defect and other third party acts or omissionsrequest, in obtaining such an agreement. v. Subject to the requirements set forth herein, Customer's ’s national contracts with manufacturers and manufacturer representatives will be honored by USF. As more specifically set forth in Section 4(f4(g) below, under no circumstances will USF implement manufacturer deviated pricing without written confirmation from the specific manufacturer. If Customer has contracts with a given manufacturer for products not stocked by USF, Customer will give consideration to similar products stocked by USF, provided that the stocking manufacturer will equalize the pricing. Notwithstanding the foregoing, when the cost price of products has been negotiated directly between Customer and vendors, such vendors may attempt to place specific performance parameters on USF. These may include, but are not limited to, payment terms, purchase quantity minimums, pick-up minimums and reporting requirements. As USF must manage its own negotiations with vendors to control inventories, warehouse and receiving efficiencies, USF will not accept, and shall in no event be required to accept, such conditions established by Customer Customer-specified vendors. However USF welcomes the opportunity to work with Customer’s manufacturers to negotiate terms for mutual value. USF retains exclusive responsibility for all in-bound logistics. *** Portions of this page have been omitted pursuant to a request for Confidential Treatment filed separately with the Commission.