AMENDED AND RESTATED MAIN AGREEMENTMain Agreement • September 4th, 2008 • Drugstore Com Inc • Retail-drug stores and proprietary stores • Delaware
This Amended and Restated Main Agreement (this “Agreement”), dated as of September 3, 2008 (the “Effective Date”), is between DS Pharmacy, Inc., a Delaware corporation, on its behalf and on behalf of its parent corporation and Affiliates (“drugstore.com”), and Rite Aid Hdqtrs. Corp., a Delaware corporation, on its behalf as well as on behalf of its parent corporation and Affiliates (“Rite Aid”). Upon the execution of this Agreement, the Main Agreement dated June 17, 1999 is amended and restated in its entirety as set forth herein.
AMENDED AND RESTATED PHARMACY AND PRIVATE LABEL SUPPLY AND SERVICES AGREEMENTPharmacy and Private Label Supply and Services Agreement • September 4th, 2008 • Drugstore Com Inc • Retail-drug stores and proprietary stores • Delaware
This AMENDED AND RESTATED PHARMACY AND PRIVATE LABEL SUPPLY AND SERVICES AGREEMENT (together with the schedule(s) hereto, this “Agreement”); dated as of September 3, 2008 (the “Effective Date”), is entered into by and between Rite Aid Hdqtrs. Corp., a Delaware corporation, on its behalf and on behalf of its parent corporation and Affiliates (“Rite Aid”), and DS Pharmacy, Inc., a Delaware corporation, on its behalf and on behalf of its parent corporation and Affiliates (“drugstore.com”). Upon the execution of this Agreement, the Pharmacy Supply and Services Agreement dated June 17, 1999 is amended and restated in its entirety as set forth herein.
UNAUDITED PRO FORMA FINANCIAL DATAPro Forma Financial Data • September 4th, 2008 • Drugstore Com Inc • Retail-drug stores and proprietary stores
On September 3, 2008, drugstore.com, inc. and certain of its affiliates (“drugstore.com”) and Rite Aid Corporation and certain of its affiliates (“Rite Aid”) entered into an amended and restated main agreement. Under this agreement, drugstore.com will transfer the rights to its local pick-up pharmacy business, which includes prescription refills sold online through the drugstore.com web store or the Rite Aid web store and picked up by customers at Rite Aid stores (“LPU business”), to Rite Aid. In return, Rite Aid will pay drugstore.com approximately $10 million in ten monthly installments through June 17, 2009. Additionally, Rite Aid will pay drugstore.com ongoing marketing services fees for continuing to market Rite Aid’s local pick-up offering on the drugstore.com site during the term of the agreement, which continues for two years unless extended for another year by either party.
