Open Stores. Clark R&M shall coordinate and maintain open stores for standard materials or equipment needed for operation of the Heavy Oil Processing Facility (other than Coker Company Spare Parts) either to be made readily available at Clark R&M's on- site Refinery warehouse or at a reasonably accessible vendor site.
Open Stores. If the Affected Store is listed on the Store Schedule under the caption "Open Store Schedule, Seller shall, upon written notice thereof furnished to Seller by Buyer at any time within 30 days following the cessation of operations, vacation or transfer of such Affected Store pursuant to such agreement or order, promptly pay to Buyer an amount in cash equal to 3 multiplied by, in the case of a Seller Store, the store contribution for such store as listed on the Open Store Schedule or, in the case of a Buyer Store, the store contribution for such store for the fiscal year of Buyer ended January 28, 1995 as certified to Seller by Buyer (and calculated in accordance with Buyer's customary methods of calculation thereof) (any such store contribution of either a Seller Store or a Buyer Store being referred to herein as "Store Contribution), but in no event shall the amount of any such payment be less than $250,000; provided that in respect of any Seller Store that was in operation for less than all of the Company's fiscal year ended December 31, 1994 or opened thereafter (a "New Seller Store) or any Buyer Store that was in operation for less than all of Buyer's fiscal year ended January 28, 1995 or opened thereafter (a "New Buyer Store), the Store Contribution shall be equal to the Assumed Store Contribution. The term "Assumed Store Contribution shall mean 66% of the weighted average Store Contribution (such weighting to be based on sales volumes) for the applicable fiscal year for Similar Sales Volume Stores of Seller in the case of a New Seller Store or of Buyer in the case of a New Buyer Store. The term "Similar Sales Volume Stores shall mean (i) in the case of a New Seller Store, Seller Stores (other than New Seller Stores) that produced sales volume for the fiscal year of Seller ended December 31, 1994 equal to at least 90% and not more than 110% of the sales volume of the applicable New Seller Store for the most recent full 12 calendar months for which such New Seller Store has been in operation prior to the Closing Date (or if such New Seller Store has been in operation for less than 12 full calendar months prior to the Closing Date, then the annualized sales volume based upon the number of full calendar months for which such New Seller Store has been in operation prior to the Closing Date) and (ii) in the case of a New Buyer Store, Buyer Stores (other than New Buyer Stores) that produced sales volume for the fiscal year of Buyer ended January 28, 1995 equ...
