Common use of Proprietary Items Clause in Contracts

Proprietary Items. Labatt will warehouse and supply the various items requested by Stripes if there is a projected inventory turn of [***] times per year (an average inventory of [***] weeks). Labatt recommends that proprietary Products be tested against Labatt stocked items/vendors with the goal of reducing the account’s cost. Items not meeting turn criteria set forth by Labatt and, therefore, not carried for Stripes shall not be counted in determining whether the [***]compliance threshold set forth below in Article III is met or satisfied (if Stripes should choose to source those items by other means). In the event of the termination of this Agreement, all proprietary Products will be picked up at Labatt’s distribution center or delivered to a location designated by Stripes within 30 days after the effective termination date of this Agreement. Proprietary Products picked up from Labatt will be invoiced at Labatt’s then current Cost (as defined herein). Proprietary Products that are delivered to a designated location will be invoiced at Labatt’s current Cost plus actual freight for delivery to such location. Payment is due on delivery. Any such Products will be * CONFIDENTIAL TREATMENT REQUESTED: INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND IS NOTED WITH “[***].” AN UNREDACTED VERSION OF THIS DOCUMENT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. inventoried and reviewed, promptly and in advance, by Stripes and/or any designated third party and upon delivery be subject to usual and customary review and acceptance for product quality, quantity, and customary product code-dating (60 days or more), except in cases of refrigerated fresh eggs, produce, meat Products and certain other Products that customarily have less than 60-day code-dating. Labatt understands and agrees that any marks, trademarks, design or trade dress (collectively, “Marks”) specific to any private label or proprietary Products developed by or exclusively for Stripes and produced, manufactured and/or distributed by Labatt shall remain the sole and exclusive property of Stripes. Labatt understands and acknowledges that its manufacture, delivery and/or supply of any such Products shall not be deemed to assign, convey or ▇▇▇▇▇ ▇▇▇▇▇▇ any license or other interest in any ▇▇▇▇(s) (other than the right to manufacture and package Products bearing the ▇▇▇▇(s), in accordance with the terms of a purchase order or requisition request specifying Product design and quantity).