Page 545 - Onboarding May 2017

delivery.

11.0 APPROVED PRODUCT RETURNS

11.1 Return of Damaged or Incorrectly Shipped Approved Products.
Operator may return Approved Products that are damaged or incorrectly shipped by
notifying Distributor by telephone or to Distributor’s call center. Following receipt of the
notice, Distributor will undertake commercially reasonable efforts to pick up such
Approved Products on Operator’s next scheduled delivery date and issue credit within two
(2) business days of pickup. Any Approved Products that Operator returns to Distributor
that is not damaged at time of delivery must be in re-sellable condition. If Operator wants
the Approved Product picked up sooner, Operator will use a Delivery Driver and will pay
any special delivery fees for the expedited pickup.

11.2 Order Error by Operator.
If Operator wishes to return Approved Product that Operator has ordered in error,
Distributor may charge Operator a maximum restocking fee of $7.50 per case for accepting
the return of the Approved Product.

12.0 COLLECTIVE SERVICE STANDARDS
Distributor will maintain the following Required Standards and Minimum Standards for all
Restaurants covered by this Agreement:

Service Standards Required Standards Minimum Standards

Order Fill Rate 99.75% 99.5%

On-Time Delivery Rate 93.00% 90.00%

Beginning 90 days following the Commencement Date, CSCS will evaluate Distributor’s
performance at 60 day intervals (each, a “Performance Period”).

If Distributor fails to meet one or more of the Required Standards in any Performance
Period, CSCS will give Distributor written notice of the failure. If Distributor fails to meet
one or more of the Required Standards during consecutive Performance Periods, then
Distributor will begin discounting the Distribution Fee by 10% until Distributor can
maintain the Required Standard for one complete Performance Period. If Distributor fails
to meet the Required Standard for two Performance Periods, Operator may elect to either
(a) continue to receive the 10% discount off the Distribution Fee until Distributor can
maintain the Required Standard for one complete Performance Period or (b) terminate the
Agreement.

If Distributor fails to meet one or more of the Minimum Standards in any Performance
Period, CSCS will give Distributor written notice of the failure. If Distributor fails to meet
one or more of the Minimum Standards during consecutive Performance Periods, then
Operator may elect to either (a) have Distributor begin discounting the Distribution Fee by

10