Common use of PRODUCT DELIVERY Clause in Contracts

PRODUCT DELIVERY. Contractors Shall be required to deliver Vehicles anywhere within New York State boundaries, as designated by the Authorized User in the Mini-Bid and on the Purchase Order. The following terms and conditions apply to Delivery: 1. The Contractor agrees to bear the risk of loss, injury, or destruction of the Product ordered, prior to receipt of the Vehicle by the Authorized User. 2. Delivery Shall be made in accordance with instructions on the Purchase Order from each Authorized User. It Shall be presumed that the Contractor received the Purchase Order on the third Business Day following the date of the Purchase Order, unless the Contractor provides credible evidence to the Authorized User that the order was received on a later date. If there is a discrepancy between the Purchase Order and what was listed in the Mini-Bid or agreed upon after tentative award of the Mini-Bid it is the Contractor’s obligation to seek clarification from the ordering Authorized User and, if applicable, from OGS. 3. Contractor Shall secure a signed receipt from the Authorized User certifying delivery of a Vehicle and odometer reading. from Vehicles that have an odometer. In the event deficiencies are later noted and a properly signed receipt cannot be found, Contractor Shall be responsible for certifying delivery and odometer reading. 4. Pursuant to Appendix B, Section 33 Shipping/Receipt of Product, freight terms are F.O.B. Destination. 5. An Authorized User May choose to stagger the delivery of Vehicles over a period of time, and to multiple delivery locations, as specified on the Purchase Order. For example, an Authorized User May order forty (40) Vehicles with instructions to deliver four (4) Vehicles to each of ten (10) locations over a period of time. 6. Upon mutual agreement, delivery locations May be expanded per Section 2.38 Non-State Agencies Participation in Centralized Contracts.

PRODUCT DELIVERY. Contractors Shall be required to The Contractor shall deliver Vehicles anywhere the units ordered by an Authorized User within New York State boundaries, as designated by forty-five (45) calendar days of receipt of a Purchase Order unless either the Authorized User in the Mini-Bid and on the Purchase Orderor OGS grants an extension of time as provided below. The following terms and conditions apply to Delivery: 1. The Contractor agrees to bear the risk of loss, injury, or destruction of the Product ordered, prior to If upon receipt of the Vehicle by the Authorized User. 2. Delivery Shall be made in accordance with instructions on the a Purchase Order from each Authorized User. It Shall be presumed that the Contractor received determines it cannot meet the Purchase Order on the third Business Day following the date of the Purchase Order, unless 45 calendar day delivery period the Contractor provides credible evidence may submit a written request to the Authorized User that to extend the order was received on a later daterequired Product delivery period to up to sixty (60) calendar days. The Authorized User shall respond in writing to the Contractor either declining the request or specifying the revised delivery period. If there is an Authorized User wants to extend the delivery period beyond sixty (60) calendar days, the Authorized User may submit a discrepancy between written request to extend the Product delivery period beyond sixty (60) calendar days to OGS for its approval. Approval of substantially delayed deliveries (over 60 calendar days), when the delayed delivery will impact more than one order fulfillment in a thirty (30) day time frame for more than 75 calendar days per incident, will be limited to delays that are a result of an industry wide event or other acceptable extenuating circumstance, that limits or prohibits Contractor’s ability to deliver within Agreement delivery timeframes. Final determination of an industry-wide event or acceptable extenuating circumstance will be at the sole discretion of OGS. The product delivery period shall start at the time of receipt of a Purchase Order and what was listed in shall conclude with delivery to the Mini-Bid or agreed upon after tentative award of the Mini-Bid it is the Contractor’s obligation Authorized User. This timeframe shall include all work to seek clarification from the ordering Authorized User and, if applicable, from OGS. 3be done by a Contractor and/or its Resellers. The Contractor Shall secure must provide a signed Purchase Order receipt from notification to the Authorized User certifying delivery within five (5) calendar days of receipt of a Vehicle and odometer reading. from Vehicles that have an odometer. In the event deficiencies are later noted and a properly signed receipt cannot be found, Contractor Shall be responsible for certifying delivery and odometer reading. 4. Pursuant to Appendix B, Section 33 Shipping/Receipt of Product, freight terms are F.O.B. Destination. 5. An Authorized User May choose to stagger the delivery of Vehicles over a period of time, and to multiple delivery locations, as specified on the Purchase Order. For exampleAn Advanced Shipping Notice must be provided to Authorized Users upon request fourteen (14) calendar days prior to delivery. Such notification must include Purchase Order number, an quantity, itemized SKUs, description, price, purchase date, received date, and warranty start date. The Contractor shall notify the Authorized User May order forty (40) Vehicles with instructions of any delays, and be the main point of contact for all communications, even if using a Reseller to deliver four (4) Vehicles fulfill the order. Contractor shall submit a monthly report to each OGS of ten (10) locations over a period of time. 6. Upon mutual agreement, any delays in delivery locations May be expanded per Section 2.38 Non-State Agencies Participation in Centralized Contracts.by using Attachment 8 – Delayed Delivery

PRODUCT DELIVERY. Contractors Shall McLane, by and through its divisions and/or subsidiaries, shall supply and deliver those Products described hereinabove which are ordered by the stores on a weekly basis except as otherwise agreed to in writing by the parties. In servicing the stores, McLane shall utilize a [***] schedule. However, it is understood that some store locations, due to limited hours of operations or local governmental restrictions may be required unable to accommodate this preference. In such instances, the parties hereto will attempt to achieve the most flexible delivery window possible considering the aforementioned restrictions, if any. Each store shall order and McLane shall deliver Products to each store once per week and the stores must accept these deliveries. Mapco may request that McLane commence delivering Products twice per week at any time during the term of this Agreement to any store that made average purchases of Products of at least [***] per week during the immediately preceding two (2) month period. McLane shall grant such requests provided (a) McLane has other deliveries scheduled in the general area in which the store is located, (b) McLane is able to deliver Vehicles anywhere within New York State boundariesto such store during the delivery hours set forth above, and (c) the store places balanced orders consisting of [***] CONFIDENTIAL TREATMENT REQUESTED all categories of Products for both deliveries. McLane shall act on granted requests during M▇▇▇▇▇'▇ Spring and Fall re-routing processes. McLane shall continue any twice per week deliveries granted by it until such time as designated by the Authorized User store ceases purchasing, on average, at least [***] of Products per week during any two (2) month period. The [***] per week amount specified above shall be adjusted (i) with respect to non-cigarette purchases, on each anniversary date of this Agreement in a manner to reflect the latest annual change in the Mini-Bid U.S. Department of Labor, Bureau of Labor Statistics Producer Price Index, Series Id: WPUSOP3110, Not Seasonally Adjusted, ("PPI"), and (ii) with respect to cigarette purchases, on the Purchase Order. The following terms and conditions apply to Delivery: 1. The Contractor agrees to bear the risk of loss, injury, or destruction first day of the Product orderedMcLane fiscal accounting period immediately succeeding a manufacturer's price increase on cigarettes and/or a federal, prior state, local or other tax increase on cigarettes in a manner to receipt reflect the actual increase in taxes or the price of the Vehicle by the Authorized User. 2. Delivery Shall be made in accordance with instructions on the Purchase Order from each Authorized User. It Shall be presumed that the Contractor received the Purchase Order on the third Business Day following the date of the Purchase Order, unless the Contractor provides credible evidence cigarettes to the Authorized User that the order was received on a later dateMcLane. If there the PPI is a discrepancy between the Purchase Order and what was listed in the Mini-Bid or agreed upon after tentative award of the Mini-Bid it is the Contractor’s obligation to seek clarification from the ordering Authorized User andno longer published, if applicable, from OGSthen another similar index generally recognized as authoritative shall be substituted. 3. Contractor Shall secure a signed receipt from the Authorized User certifying delivery of a Vehicle and odometer reading. from Vehicles that have an odometer. In the event deficiencies are later noted and a properly signed receipt cannot be found, Contractor Shall be responsible for certifying delivery and odometer reading. 4. Pursuant to Appendix B, Section 33 Shipping/Receipt of Product, freight terms are F.O.B. Destination. 5. An Authorized User May choose to stagger the delivery of Vehicles over a period of time, and to multiple delivery locations, as specified on the Purchase Order. For example, an Authorized User May order forty (40) Vehicles with instructions to deliver four (4) Vehicles to each of ten (10) locations over a period of time. 6. Upon mutual agreement, delivery locations May be expanded per Section 2.38 Non-State Agencies Participation in Centralized Contracts.

PRODUCT DELIVERY. Contractors Shall McLane, by and through its divisions and/or subsidiaries, shall supply and deliver those Products described hereinabove which are ordered by the stores on a weekly basis except as otherwise agreed to in writing by the parties. In servicing the stores, McLane shall utilize a [***] schedule. However, it is understood that some store locations, due to limited hours of operations or local governmental restrictions may be required unable to accommodate this preference. In such instances, the parties hereto will attempt to achieve the most flexible delivery window possible considering the aforementioned restrictions, if any. Each store shall order and McLane shall deliver Products to each store once per week and the stores must accept these deliveries. Mapco may request that McLane commence delivering Products twice per week at any time during the term of this Agreement to any store that made average purchases of Products of at least [***] per week during the immediately preceding two (2) month period. McLane shall grant such requests provided (a) McLane has other deliveries scheduled in the general area in which the store is located, (b) McLane is able to deliver Vehicles anywhere within New York State boundariesto such store during the delivery hours set forth above, and (c) the store places balanced orders consisting of -4- [***] CONFIDENTIAL TREATMENT REQUESTED <PAGE> all categories of Products for both deliveries. McLane shall act on granted requests during ▇▇▇▇▇▇'▇ Spring and Fall re-routing processes. McLane shall continue any twice per week deliveries granted by it until such time as designated by the Authorized User store ceases purchasing, on average, at least [***] of Products per week during any two (2) month period. The [***] per week amount specified above shall be adjusted (i) with respect to non-cigarette purchases, on each anniversary date of this Agreement in a manner to reflect the latest annual change in the Mini-Bid U.S. Department of Labor, Bureau of Labor Statistics Producer Price Index, Series Id: WPUSOP3110, Not Seasonally Adjusted, ("PPI"), and (ii) with respect to cigarette purchases, on the Purchase Order. The following terms and conditions apply to Delivery: 1. The Contractor agrees to bear the risk of loss, injury, or destruction first day of the Product orderedMcLane fiscal accounting period immediately succeeding a manufacturer's price increase on cigarettes and/or a federal, prior state, local or other tax increase on cigarettes in a manner to receipt reflect the actual increase in taxes or the price of the Vehicle by the Authorized User. 2. Delivery Shall be made in accordance with instructions on the Purchase Order from each Authorized User. It Shall be presumed that the Contractor received the Purchase Order on the third Business Day following the date of the Purchase Order, unless the Contractor provides credible evidence cigarettes to the Authorized User that the order was received on a later dateMcLane. If there the PPI is a discrepancy between the Purchase Order and what was listed in the Mini-Bid or agreed upon after tentative award of the Mini-Bid it is the Contractor’s obligation to seek clarification from the ordering Authorized User andno longer published, if applicable, from OGSthen another similar index generally recognized as authoritative shall be substituted. 3. Contractor Shall secure a signed receipt from the Authorized User certifying delivery of a Vehicle and odometer reading. from Vehicles that have an odometer. In the event deficiencies are later noted and a properly signed receipt cannot be found, Contractor Shall be responsible for certifying delivery and odometer reading. 4. Pursuant to Appendix B, Section 33 Shipping/Receipt of Product, freight terms are F.O.B. Destination. 5. An Authorized User May choose to stagger the delivery of Vehicles over a period of time, and to multiple delivery locations, as specified on the Purchase Order. For example, an Authorized User May order forty (40) Vehicles with instructions to deliver four (4) Vehicles to each of ten (10) locations over a period of time. 6. Upon mutual agreement, delivery locations May be expanded per Section 2.38 Non-State Agencies Participation in Centralized Contracts.