Common use of Delivery Services Clause in Contracts

Delivery Services. Subject to the Dispensary Agreement or a Schedule, the Dispensary may offer delivery services to Customers, who have placed an Order to purchase the Dispensary’s products through the Poof Customer application as reflected on the Dispensary Account (“Delivery Services”). The parties agree and the Dispensary acknowledges that the Dispensary shall be exclusively liable for any claims pertaining to or arising from such Delivery Services and the Dispensary shall be solely responsible for all compliance with Applicable Law in relation with such Delivery Services, including but not limited to identification and verification of Customers purchasing any products, including Cannabis products, from such Dispensary through the Poof Marketplace. If the Dispensary offers Delivery Services, the Dispensary shall indicate in the Dispensary Dashboard or an Agreement or a Schedule, the flat fee per delivery, the radius of delivery in kilometers and any details regarding delivery timelines and/or other information, as it may be required by Poof from time to time. The Dispensary agrees that the Dispensary shall have no claims against Poof for payment pertaining to Delivery Services and the Dispensary agrees to be paid directly by Customers for such Delivery Services. The Dispensary agrees that the Dispensary shall not charge Customers or have any claim for any amounts for Delivery Services in excess of what the parties have agreed to in the Dispensary Agreement or a Schedule. The parties agree that the Dispensary has full discretion over the selection of the Drivers. Notwithstanding the foregoing, if Poof receives any complaints by Customers or any third parties, including regulatory bodies, alleging the Dispensary’s Drivers’ non-compliance with Applicable Law, Poof reserves the right to prohibit access to such Drivers into the Poof Marketplace and/or the Services and/or terminate the Dispensary Agreement in accordance with Section 11.2(a). Subject to the Poof Dispensary Agreement, the Payments, Cancellation, and Refund Policy, or a Schedule, Poof shall not be liable for any losses or damages incurred by the Dispensary due to acts or inaction of a Driver selected by the Dispensary to offer such Delivery Services. Any indemnification claims received by Poof from Customers in connection with or arising from such Delivery Services shall be dealt with in accordance with Poof’s dispute resolution policies, the implementation of which may be assigned by Poof to a third-party service provider selected in ▇▇▇▇’s sole discretion, taking into account the Dispensary’s terms and conditions for the sale of its products. To the extent that Poof is required to pay Customers any amounts arising from Delivery Services, the Dispensary agrees to promptly and fully indemnify Poof for any and all indemnification claims in connection with or arising from the Dispensary’s Delivery Services.‌

Delivery Services. Subject For purposes of this Addendum, the Adder includes only the components set forth below that are marked with an “[X]”. Seller will pass through to Buyer all other charges relating to the Dispensary Agreement or a Schedule, the Dispensary may offer delivery services of Electricity to Customers, who have placed an Order to purchase the Dispensary’s products through the Poof Customer application as reflected on the Dispensary Account (“Delivery Services”). The parties agree and the Dispensary acknowledges that the Dispensary shall be exclusively liable for any claims pertaining to or arising from such Delivery Services and the Dispensary shall be solely responsible for all compliance with Applicable Law in relation with such Delivery ServicesBuyer, including but not limited to identification and verification of Customers purchasing any products, including Cannabis products, from such Dispensary through the Poof Marketplace. If the Dispensary offers Delivery Services, the Dispensary shall indicate in the Dispensary Dashboard or an Agreement or a Schedule, the flat fee per delivery, the radius of delivery in kilometers and any details regarding delivery timelines and/or other information, as it may be required by Poof from time to time. The Dispensary agrees that the Dispensary shall have no claims against Poof for payment pertaining to Delivery Services and the Dispensary agrees to be paid directly by Customers for such Delivery Services. The Dispensary agrees that the Dispensary shall not charge Customers or have any claim for any amounts for Delivery Services in excess of what the parties have agreed to in the Dispensary Agreement or a Schedule. The parties agree that the Dispensary has full discretion over the selection of the Drivers. Notwithstanding the foregoing, if Poof receives any complaints by Customers or any third parties, including regulatory bodies, alleging the Dispensary’s Drivers’ non-compliance with Applicable Law, Poof reserves the right to prohibit access to such Drivers into the Poof Marketplace and/or the Services and/or terminate the Dispensary Agreement in accordance with Section 11.2(a). Subject to the Poof Dispensary Agreement, the Payments, Cancellation, and Refund Policy, or a Schedule, Poof shall not be liable for any losses or damages incurred by the Dispensary due to acts or inaction of a Driver selected by the Dispensary to offer such Delivery Services. Any indemnification claims received by Poof from Customers in connection with or arising from such Delivery Services shall be dealt with in accordance with Poof’s dispute resolution policies, the implementation of which may be assigned by Poof to a third-party service provider selected in ▇▇▇▇▇’s Local Utility charges and Generation Deactivation if applicable. Transaction Addendum – Index (PJM) FORMCHECKBOX [Ancillary Services/ISO Fees/Operational Charges (excluding charges associated with the PJM customer payment default of GreenHat Energy, LLC) FORMCHECKBOX Balancing Transmission Congestion FORMCHECKBOX Line Losses, including Transmission & Distribution Losses and Deration FORMCHECKBOX State Mandated Renewable Energy FORMCHECKBOX Capacity FORMCHECKBOX Network Transmission Related Charges ] By close of business every [ ] of the Delivery Period, Buyer will pay to Seller Buyer’s [ ] Prepayment Amount. Buyer represents and confirms Buyer has the capabilities and capacity to hourly monitor and calculate Buyer’s actual energy consumption at the Delivery Point(s), including the appropriate meters, and accordingly calculate Buyer’s [ ] Prepayment Amount. ▇▇▇▇▇ agrees to allow Seller reasonable access to such meters and to keep such meters in working condition to perform round the clock metering services. If Seller determines in its sole discretiondiscretion that ▇▇▇▇▇’s [ ] Prepayment Amount differs from [Seller’s estimation of actual costs by ≥ 40%], taking into account Seller may immediately request additional payment from Buyer in the Dispensaryamount of the material difference and Buyer shall pay to Seller within one [ ] the identified material difference to true-up Buyer’s terms [ ] Prepayment Amount. If Buyer fails to render payment to Seller within one [ ], Seller shall have the right to declare a Default has occurred without further notice to Buyer or further cure period and conditions for can drop Buyer’s affected Account(s). [Seller will issue a Buyer’s Invoice to Buyer on a weekly basis, with an updated Buyer’s invoice after the sale end of its productseach month. To the extent that Poof is required If Buyer’s Invoice indicates Buyer owes an additional amount to Seller, Buyer will have one (1) Business Day (i.e., by close of business Friday) to pay Customers any amounts arising from Delivery Services, the Dispensary agrees Buyer’s Invoice to promptly and fully indemnify Poof for any and all indemnification claims in connection with or arising from the Dispensary’s Delivery Services.‌Seller.]

Delivery Services. Subject 6.1 As part of the consideration for the issuance and execution of this License Agreement by Licensor, Licensee shall tender all Courier Shipments picked up by Licensee in Licensee's Territory and destined to Aramex Territory exclusively to Licensor at agreed upon gateway cities. 6.2 Licensor shall from time to time notify Licensee of the Dispensary Agreement or a Schedule, destinations in Aramex Territory to which Licensor can effect deliveries Of Courier Shipments. 6.3 Licensor agrees to transport said Courier Shipments on an expedited basis and to deliver same to consignees in accordance with its highest level of schedule and time parameters. 6.4 Licensee shall adhere to all the Dispensary may offer delivery services to Customers, who have placed an Order to purchase the Dispensary’s products through the Poof Customer application as reflected Aramex Conditions of Carriage on the Dispensary Account (“Delivery Services”)back of the Aramex Airway Bills. 6.5 It is understood and agreed between the parties hereto that all Courier Shipments picked up by Licensor in Aramex Territory and destined to Licensee's Territory can be tendered by Licensor for delivery to any other third party and nothing in this License Agreement shall give, nor be deemed to give, Licensee any right or interest whatsoever in any such Courier Shipments. The Licensee must, however, accept such Courier Shipments for delivery to Licensee's Territory if and when same are tendered by Licensor. In this event, Licensee agrees to transport said Courier Shipments from agreed upon gateways on an expedited basis and to deliver same to consignees in accordance with Licensor's highest level of schedule and time parameters. 6.6 It is further understood and agreed between the parties agree hereto that Licensor shall have the right to use Interlining Agents in effecting deliveries of Courier Shipments as aforesaid. 6.7 It being further understood and agreed between the parties hereto that this License Agreement and the Dispensary acknowledges license granted hereunder do not extend to Courier Shipments originating in Licensee's Territory and picked up by third parties and tendered to Aramex for delivery. Nothing in this Agreement shall give, nor be deemed to give Licensee any right or interest in any such Courier Shipments. 6.8 Licensor agrees to charge Licensee for the delivery service to be provided hereunder in accordance with the charges set forth in Schedule 2 to this License Agreement which Schedule 2 shall constitute part and parcel hereof. 6.9 Licensee agrees to charge Licensor for the delivery service that the Dispensary shall be exclusively liable for any claims pertaining to or arising from such Delivery Services and the Dispensary shall be solely responsible for all compliance with Applicable Law in relation with such Delivery Services, including but not limited to identification and verification of Customers purchasing any products, including Cannabis products, from such Dispensary through the Poof Marketplace. If the Dispensary offers Delivery Services, the Dispensary shall indicate in the Dispensary Dashboard or an Agreement or a Schedule, the flat fee per delivery, the radius of delivery in kilometers and any details regarding delivery timelines and/or other information, as it may be required by Poof of Licensee in Licensee's Territory in accordance with the charges set forth in Schedule 3 to this Agreement, which Schedule 3 shall constitute part and parcel hereof. 6.10 The charges set forth in Schedule 2 and Schedule 3 will remain fixed for a minimum period of 12 months from the date of this License Agreement. Thereafter, either party may, from time to timetime as provided hereinbelow, raise its charges to the other by an amount not exceeding 10% (ten percent) of the charge in question by giving thirty (30) days written notice of the proposed increase. The Dispensary agrees that After any increase, such rates shall remain fixed for a minimum period of twelve months from the Dispensary effective date of each increase. 6.11 Each party's charges as aforesaid shall have no claims against Poof for payment pertaining be invoiced to Delivery Services the other party together with all supporting documentation every fifteen (15) days and the Dispensary agrees to be paid directly by Customers for such Delivery Services. The Dispensary agrees that the Dispensary shall not charge Customers or have any claim for any amounts for Delivery Services in excess of what the parties have agreed to in the Dispensary Agreement or a Schedule. The parties agree that the Dispensary has full discretion over the selection of the Drivers. Notwithstanding the foregoing, if Poof receives any complaints by Customers or any third parties, including regulatory bodies, alleging the Dispensary’s Drivers’ non-compliance with Applicable Law, Poof reserves the right to prohibit access to such Drivers into the Poof Marketplace and/or the Services and/or terminate the Dispensary Agreement in accordance with Section 11.2(a). Subject to the Poof Dispensary Agreement, the Payments, Cancellation, and Refund Policy, or a Schedule, Poof shall not be liable for any losses or damages incurred by the Dispensary due to acts or inaction of a Driver selected by the Dispensary to offer such Delivery Services. Any indemnification claims received by Poof from Customers in connection with or arising from such Delivery Services shall be dealt with in accordance with Poof’s dispute resolution policies, the implementation of which may be assigned by Poof to a third-party service provider selected in receiving ▇▇▇▇’s sole discretion, taking into account ▇ shall pay such invoiced amounts within ten (10) days of the Dispensary’s terms and conditions for date of the sale of its products. To invoice at such place as may be agreed from time to time by the extent that Poof is required to pay Customers any amounts arising from Delivery Services, the Dispensary agrees to promptly and fully indemnify Poof for any and all indemnification claims in connection with or arising from the Dispensary’s Delivery Services.‌parties.

Delivery Services. Subject For purposes of this Addendum, the Adder includes only the components set forth below that are marked with an “[X]”. Seller will pass through to Buyer all other charges relating to the Dispensary Agreement or a Schedule, the Dispensary may offer delivery services of Electricity to Customers, who have placed an Order to purchase the Dispensary’s products through the Poof Customer application as reflected on the Dispensary Account (“Delivery Services”). The parties agree and the Dispensary acknowledges that the Dispensary shall be exclusively liable for any claims pertaining to or arising from such Delivery Services and the Dispensary shall be solely responsible for all compliance with Applicable Law in relation with such Delivery ServicesBuyer, including but not limited to identification and verification of Customers purchasing any products, including Cannabis products, from such Dispensary through the Poof Marketplace. If the Dispensary offers Delivery Services, the Dispensary shall indicate in the Dispensary Dashboard or an Agreement or a Schedule, the flat fee per delivery, the radius of delivery in kilometers and any details regarding delivery timelines and/or other information, as it may be required by Poof from time to time. The Dispensary agrees that the Dispensary shall have no claims against Poof for payment pertaining to Delivery Services and the Dispensary agrees to be paid directly by Customers for such Delivery Services. The Dispensary agrees that the Dispensary shall not charge Customers or have any claim for any amounts for Delivery Services in excess of what the parties have agreed to in the Dispensary Agreement or a Schedule. The parties agree that the Dispensary has full discretion over the selection of the Drivers. Notwithstanding the foregoing, if Poof receives any complaints by Customers or any third parties, including regulatory bodies, alleging the Dispensary’s Drivers’ non-compliance with Applicable Law, Poof reserves the right to prohibit access to such Drivers into the Poof Marketplace and/or the Services and/or terminate the Dispensary Agreement in accordance with Section 11.2(a). Subject to the Poof Dispensary Agreement, the Payments, Cancellation, and Refund Policy, or a Schedule, Poof shall not be liable for any losses or damages incurred by the Dispensary due to acts or inaction of a Driver selected by the Dispensary to offer such Delivery Services. Any indemnification claims received by Poof from Customers in connection with or arising from such Delivery Services shall be dealt with in accordance with Poof’s dispute resolution policies, the implementation of which may be assigned by Poof to a third-party service provider selected in ▇▇▇▇▇’s Local Utility charges and Generation Deactivation if applicable. Transaction Addendum – Index (PJM) FORMCHECKBOX [Ancillary Services/ISO Fees/Operational Charges (excluding charges associated with the PJM customer payment default of GreenHat Energy, LLC) FORMCHECKBOX Balancing Transmission Congestion FORMCHECKBOX Line Losses, including Transmission & Distribution Losses and Deration FORMCHECKBOX State Mandated Renewable Energy FORMCHECKBOX Capacity FORMCHECKBOX Network Transmission Related Charges] By close of business every [ ] of the Delivery Period, Buyer will pay to Seller Buyer’s [ ] Prepayment Amount. Buyer represents and confirms Buyer has the capabilities and capacity to hourly monitor and calculate Buyer’s actual energy consumption at the Delivery Point(s), including the appropriate meters, and accordingly calculate Buyer’s [ ] Prepayment Amount. ▇▇▇▇▇ agrees to allow Seller reasonable access to such meters and to keep such meters in working condition to perform round the clock metering services. If Seller determines in its sole discretiondiscretion that ▇▇▇▇▇’s [ ] Prepayment Amount differs from [Seller’s estimation of actual costs by ≥ 40%],] Seller may immediately request additional payment from Buyer in the amount of the material difference and Buyer shall pay to Seller within [ ] Business Day the identified material difference to true-up Buyer’s [ ] Prepayment Amount. If Buyer fails to render payment to Seller within [ ] Business Day, taking Seller shall have the right to declare a Default has occurred without further notice to Buyer or further cure period and can drop Buyer’s affected Account(s). [[[▇▇▇▇▇ will issue a Buyer’s Invoice to Buyer on a [ ] basis, with an updated Buyer’s invoice after the end of each month. If Buyer’s Invoice indicates Buyer owes an additional amount to Seller, Buyer will have one (1) Business Day (i.e., by close of business Friday) to pay Buyer’s Invoice to Seller. ] Subject to and without waiving the foregoing payment schedule and terms, Buyer and Seller acknowledge that ▇▇▇▇▇ wishes to enter into account the Dispensarya Start Date before Buyer’s terms subaccount may be created and conditions made operational for purposes of this Addendum. Therefore, if applicable, for the sale time period between the Addendum Date and the date Buyer’s subaccount for this Addendum becomes operational (the “Interim Period”), Buyer agrees by close of its productsbusiness every [ ] of the Interim Period to prepay to Seller Buyer’s [ ] Prepayment Amount. To Seller will then issue ▇▇▇▇▇’s Invoice to Buyer based on the extent that Poof is required regular meter read cycle as defined by Buyer’s applicable utility, expected to pay Customers be approximately one month in duration. During the Interim Period Seller will pass through [ ] on Buyer’s Invoice. At the conclusion of the Interim Period Buyer and Seller will utilize the Invoice and Payment Schedule identified above and Seller will issue any amounts arising from invoice true-ups and/or credits generated during the Interim Period. Transaction Addendum – Index (PJM) The Contract Quantities for this Transaction are set forth below.[ If Line Losses are not included in Section 4, Buyer’s Baseline Monthly Quantity reflects an adjustment for Line Losses determined at the Delivery Services, Point.] Buyer’s Baseline Monthly Quantity set forth below shall be included in the Dispensary agrees Contract Quantity for the purposes of calculating any termination payments owed pursuant to promptly the Agreement. The Capacity and fully indemnify Poof for any Network Transmission Obligations set forth herein are established by PJM and all indemnification claims in connection with or arising from Buyer’s Local Utility and reflect the Dispensary’s Delivery Services.‌appropriate scalar adjustments.

Delivery Services. Subject The following delivery services shall be performed if requested by Microsoft. From time to time other related responsibilities shall be requested as agreed upon by both parties. 1) MZI shall configure all CPUs in accordance with manufacturer specifications and established workmanship standards. At a minimum, this will include asset tagging CPUs and monitors for fixed asset tracking (per Microsoft procedures), recording serial numbers with associated part descriptions for warranty databases, downloading Microsoft software in accordance with this Exhibit D, from Microsoft's ITG network, execute virus scans, and ensure that all necessary hardware is present for a properly functioning machine. 2) MZI agrees to deliver Goods, in accordance with a valid Microsoft requisition. Obtain signed COR to signify title transfer and MZI's authorization to invoice Microsoft. 3) Retrieve returned Goods, de-configure and process returns appropriately. 4) MZI will retrieve evaluation Goods according to end-user request and return to the Dispensary Agreement manufacturer. EXHIBIT E --------- FREIGHT I. LANDED COST - MZI shall charge Microsoft a mutually determined landed cost rate when suppliers charge freight to MZI. For those orders requiring configuration, and in which Microsoft has negotiated freight with suppliers from suppliers' location to an MZI location (Ohio/Redmond), MZI shall only charge Microsoft freight charges from such location. II. EXPEDITED FREIGHT - MZI shall charge Microsoft actual freight costs for reimbursement of express freight services, inbound or a Schedule, outbound for those orders which are specified as "Expedite" by the Dispensary may offer delivery services end-user. MZI shall not charge Microsoft expedited freight charges for those orders in which MZI expedites only to Customers, who have placed an Order meet their contractual obligations. III. BRANCH TRANSFERS - MZI shall charge Microsoft actual freight to purchase the Dispensary’s products through the Poof Customer application as reflected on the Dispensary Account (“Delivery Services”). The parties agree and from other MZI locations and the Dispensary acknowledges that Microsoft location. IV. DIRECT SHIP - For orders in which configuration is not required and in which Microsoft has negotiated freight with the Dispensary supplier, MZI shall be exclusively liable for not charge Microsoft freight costs from suppliers' location to Redmond, or any claims pertaining to or arising from such Delivery Services and the Dispensary shall be solely responsible for all compliance with Applicable Law in relation with such Delivery Services, including but not limited to identification and verification of Customers purchasing any products, including Cannabis products, from such Dispensary through the Poof Marketplaceother Microsoft controlled location. If the Dispensary offers Delivery Services, the Dispensary shall indicate in the Dispensary Dashboard or an Agreement or a Schedule, the flat fee per delivery, the radius of delivery in kilometers and any details regarding delivery timelines and/or other information, as it These add-on costs may be required by Poof adjusted from time to timetime as business conditions warrant and as mutually agreed upon in writing by both parties. The Dispensary agrees that These charges will be billed to Microsoft in accordance with the Dispensary shall have no claims against Poof for payment pertaining to Delivery Services and the Dispensary agrees to be paid directly by Customers for such Delivery Services. The Dispensary agrees that the Dispensary shall not charge Customers or have any claim for any amounts for Delivery Services billing terms set forth in excess of what the parties have agreed to in the Dispensary Agreement or a Schedule. The parties agree that the Dispensary has full discretion over the selection Section 6 of the DriversAgreement. Notwithstanding the foregoing, if Poof receives any complaints by Customers or any third parties, including regulatory bodies, alleging the Dispensary’s Drivers’ non-compliance with Applicable Law, Poof Microsoft reserves the right to prohibit access to such Drivers into specify use of a freight carrier for transportation of Goods and Returns under this Agreement and the Poof Marketplace and/or applicable Statements of Work, including, but not limited to, a carrier with which Microsoft has contracted. Freight shall be FOB destination and MZI shall be responsible for handling all freight tracking, inspections and claims for the Services and/or terminate provided under this Agreement and the Dispensary Agreement in accordance applicable Statements of Work. EXHIBIT F --------- RETURNS POLICY Dated: April 10, 2000 The matrix below outlines the new returns policy for MS Market Standard, Non-Standards Hardware, Peripherals and Third Party Software purchases. Any freight charges associated with Section 11.2(areturn will be charged against the cost center(s) associated with the original order(s). Subject All return requests must be made via the Return Material Authorization (RMA) request form (need web form hyperlink here). ----------------------- ---------------------- ------------------- --------------------- -------------------- PRODUCTS NUMBER OF CALENDAR RETURNS PERMITTED RETURN PROCESSING RETURN CONDITIONS DAYS FEE ----------------------- ---------------------- ------------------- --------------------- -------------------- MS STANDARDS HARDWARE Original packaging AND PERIPHERALS 0 - 14 Yes [REDACTED] and all associated materials required ----------------------- ---------------------- ------------------- --------------------- -------------------- [REDACTED] % of No original 0 - 14 Yes product cost packing materials plus associated freight charges ----------------------- ---------------------- ------------------- --------------------- -------------------- 15 & greater No [REDACTED] N/A ----------------------- ---------------------- ------------------- --------------------- -------------------- ----------------------- ---------------------- ------------------- --------------------- -------------------- NON-STANDARDS [REDACTED] % of Original packaging HARDWARE AND product cost and all associated PERIPHERALS 0 - 14 Yes or greater plus materials required. associated freight charges ----------------------- ---------------------- ------------------- --------------------- -------------------- 15 & greater No [REDACTED] N/A ----------------------- ---------------------- ------------------- --------------------- -------------------- ----------------------- ---------------------- ------------------- --------------------- -------------------- THIRD PARTY SOFTWARE [REDACTED ]% of 0 - 14 Yes product cost Original UNOPENED plus associated product only freight charges ----------------------- ---------------------- ------------------- --------------------- -------------------- 15 & greater No [REDACTED] N/A ----------------------- ---------------------- ------------------- --------------------- -------------------- Please keep in mind return policies for non-standard hardware, third party software and peripherals vary by manufacturer. Understanding these individual manufacturer's policies are the sole responsibility of the Microsoft end user. MZI will research and provide this information to the Poof Dispensary Agreement, the Payments, Cancellation, and Refund Policy, or a Schedule, Poof shall not be liable for any losses or damages incurred by the Dispensary due to acts or inaction best of a Driver selected by the Dispensary to offer such Delivery Services. Any indemnification claims received by Poof from Customers in connection with or arising from such Delivery Services shall be dealt with in accordance with Poof’s dispute resolution policies, the implementation of which may be assigned by Poof to a third-party service provider selected in ▇▇▇▇’s sole discretion, taking into account the Dispensary’s terms and conditions for the sale of its products. To the extent that Poof is required to pay Customers any amounts arising from Delivery Services, the Dispensary agrees to promptly and fully indemnify Poof for any and all indemnification claims in connection with or arising from the Dispensary’s Delivery Services.‌their ability upon request.