Common use of Substitution of Products Clause in Contracts

Substitution of Products. Except as provided in Section VI(D), no participating SYSCO company may substitute any products for other products ordered by participating ARAMARK Components. Products which are out of stock or product substitutions made pursuant to Section VI(D) in connection with * will be communicated to each participating ARAMARK Component, prior to delivery as follows: ------------- * Material omitted and separately filed with the Commission under an application for confidential treatment. 1. If a skip day ordering procedure is implemented, the participating SYSCO company's Customer Service Representative will call those participating ARAMARK Components affected and will suggest substitute products to be shipped. Substitute products will be shipped to a participating ARAMARK Component affected only after the ARAMARK Component manager (or his designee) has approved the substitution. A substituted product of higher quality or grade than the product ordered will be sold at the price in effect at the time of the order for the product originally ordered, calculated pursuant to Section IX. A substitute product of lower quality than the product ordered, will be sold at the price in effect at the time of the order for that substitute product, calculated pursuant to Section IX. 2. For those ARAMARK Components where a skip day ordering procedure is not implemented the participating SYSCO company's Customer Service Representative will use his or her best efforts to communicate out of stock products and substitutions of products prior to delivery. 3. The term "skip day ordering procedure" is defined as that ordering procedure where an ARAMARK Component specifically agrees to allow for one or more calendar days, as specified by the ARAMARK Component, between the day the order is placed and the day the product ordered is delivered.

Substitution of Products. Except as provided in Section VI(D), no participating SYSCO company may substitute any products for other products ordered by participating ARAMARK Components. Products which are out of stock or product substitutions made pursuant to Section VI(D) in connection with * will be communicated to each participating ARAMARK Component, prior to delivery as follows: ------------- * Material omitted and separately filed with the Commission under an application for confidential treatment.: 1. If a skip day ordering procedure is implemented, the participating SYSCO company's Customer Service Representative will call those participating ARAMARK Components affected and will suggest substitute products to be shipped. Substitute products will be shipped to a participating ARAMARK Component affected only after the ARAMARK Component manager (or his designee) has approved the substitution. A substituted product of higher quality or grade than the product ordered will be sold at the price in effect at the time of the order for the product originally ordered, calculated pursuant to Section IX. A substitute product of lower quality than the product ordered, will be sold at the price in effect at the time of the order for that substitute product, calculated pursuant to Section IX. 2. For those ARAMARK Components where a skip day ordering procedure is not implemented the participating SYSCO company's Customer Service Representative will use his or her best efforts to communicate out of stock products and substitutions of products prior to delivery. 3. The term "skip day ordering procedure" is defined as that ordering procedure where an ARAMARK Component specifically agrees to allow for one or more calendar days, as specified by the ARAMARK Component, between the day the order is placed and the day the product ordered is delivered.