Common use of Upcharges Clause in Contracts

Upcharges. The essence of this upcharge section is that the Upcharge reflects A&P's cost per case for the trailing * prior to February 26, 2005 for all distribution related expenses with a savings of * per case. Schedule 3.2(c)(i) sets forth the information used to calculate the Upcharge. Notwithstanding the parties' best efforts regarding the determination of the proper Upcharge and other fees, surcharges, and incentives under Section 3 of this Agreement, within * of the end of the first Contract Quarter and * Contract Year, the parties shall meet to review the projections and data used to calculate the Upcharge and the other fees, surcharges, and incentives covered under Section 3 of this Agreement and shall in good faith adjust, if necessary, the Upcharge and other fees, surcharges, and incentives under Section 3 of this Agreement based on the accuracy of the data provided or data unavailable at the time of the original calculations. It is the parties' intent that A&P will continue to employ the same business practices with respect to the Facilities or otherwise with respect to supplying the A&P Stores as it employed while it ______________________________ * *Material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment under Rule 24-b2. was operating the Facilities (i.e., full pallet rounding and full pallet ordering, mix of inner packs/eaches/full cases) and the parties will maintain the sam▇ ▇▇▇▇odology for converting eaches to cases. If there is a fundamental change follow▇▇▇ ▇▇e Commencement Date in A&P's sales mix, service requirements or other substantive changes affecting the cost of supplying the A&P Stores, then the parties agree to meet and in good faith adjust the Upcharge.

Upcharges. The essence of this upcharge section is that the Upcharge reflects A&P's ’s cost per case for the trailing * prior to February 26, 2005 for all distribution related expenses with a savings of * per case. Schedule 3.2(c)(i) sets forth the information used to calculate the Upcharge. Notwithstanding the parties' ’ best efforts regarding the determination of the proper Upcharge and other fees, surcharges, and incentives under Section 3 of this Agreement, within * of the end of the first Contract Quarter and * Contract Year, the parties shall meet to review the projections and data used to calculate the Upcharge and the other fees, surcharges, and incentives covered under *Material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment under Rule 24-b2. Section 3 of this Agreement and shall in good faith adjust, if necessary, the Upcharge and other fees, surcharges, and incentives under Section 3 of this Agreement based on the accuracy of the data provided or data unavailable at the time of the original calculations. It is the parties' ’ intent that A&P will continue to employ the same business practices with respect to the Facilities or otherwise with respect to supplying the A&P Stores as it employed while it ______________________________ * *Material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment under Rule 24-b2. was operating the Facilities (i.e., full pallet rounding and full pallet ordering, mix of inner packs/eaches/full e▇▇▇▇▇/full cases) and the parties will maintain the sam▇ same methodology for converting e▇▇▇▇odology for converting eaches ▇ to cases. If there is a fundamental change follow▇▇▇ ▇▇e following the Commencement Date in A&P's ’s sales mix, service requirements or other substantive changes affecting the cost of supplying the A&P Stores, then the parties agree to meet and in good faith adjust the Upcharge.