Common use of Paragraph B Clause in Contracts

Paragraph B. Product Purchases." The second to the last sentence of the first paragraph is amended and restated with the following two sentences: "GNC will use its best efforts to supply Rite Aid under this Agreement at a ship rate service level of not less than [*]% on purchase orders placed by Rite Aid for GNC Brand Product, calculated on a dollar value (dollars ordered versus dollars shipped). There will be no penalties to GNC, but on an annual basis for every percentage point or points (including fractional for less than full percentage points) the actual ship rate is below the [*]% ship rate service level, then the Minimum Purchase Requirements for that same period shall be reduced by the same percentage point or points (including fractional for less than full percentage points)."