Page 544 - Onboarding May 2017

Mileage from Distribution Center Additional Fee Not to Exceed

1 – 99 $75.00
100 – 250 $125.00

250 – over To be determined
10.6 Order Error by Distributor.
If Distributor fails to include an ordered Approved Product in an order or fails to deliver
the full quantity ordered and Operator indicates the Approved Product will be needed
before the next scheduled delivery, Distributor will promptly ship the Approved Product to
the Restaurant at Distributor’s expense using an expedited delivery method to arrive within
24 hours of notification.

10.7 Delivery Schedules.
The Delivery Driver will not deliver Approved Product during peak busy restaurant hours,
which are __________ to __________ (every day) or __________ to __________
(Monday through Friday) or __________ to __________ (Saturday and Sunday) unless
mutually agreed to by Distributor and Operator, or as otherwise specified by the Restaurant
(“Delivery Window Lockout”). All deliveries must be fully completed before the
Delivery Window Lockout times. A Restaurant is not obligated to accept deliveries during
the Delivery Window Lockout times unless authorized by the general manager of the
Restaurant. If a Restaurant has special scheduling needs, the parties will address such
needs in good faith. If a Delivery Driver arrives at a Restaurant more than one hour before
the scheduled delivery time, the Restaurant may accept the delivery or instruct the Delivery
Driver to return at the scheduled delivery time.

10.8 Unattended Deliveries.
Distributor and Operator will mutually agree on the method of unattended Delivery Driver
access. Operator will provide keys and security codes for unattended deliveries.
Distributor will be responsible for expenses incurred by Operator to re-key door locks
when the required re-key change is caused as a results of Distributor action. Operator and
its employees, officers and directors are not liable for injury, illness or death to Delivery
Drivers arising from events during delivery, including without limitation, robberies,
attacks, kidnapping or hostage situations, except to the extent caused by the gross
negligence or willful misconduct of Operator, its employees, officers or directors.
Distributor will be responsible for any loss incurred by Operator or any fees charged by
police, fire or other municipal agencies due to a Delivery Driver’s failure to enter codes
correctly upon entry or exit. Unattended deliveries cannot be made until all Operators
personnel have exited the restaurant.

10.9 Order Skip Days Allowed
Distributor is only allowed to require a maximum of one (1) skip day between order
placement and the order being received at the Restaurant.

For Monday deliveries, Distributor is not allowed to require an order lead time earlier than
4pm the previous Saturday. Sunday order deadline will not be scheduled before 2:00 pm.
Operator will not be required to place orders more than 48 hours prior to the scheduled

9