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HomeMy WebLinkAboutACE HARDWARE - CONTRACT - CONTRACT - RESIDENTIAL LIGHTING PROGRAM (2)s/�s074V73 "e,rcl u ,..- —/Gaya Instant Coupon Incentive Agreement for Fall 2006 Efficient Lighting Program ZMAC Inc. dba Downtown Ace Hardware, 227 South College Avenue, Fort Collins, Colorado 80524 (Retailer) and City of Fort Collins, Colorado (Sponsor) hereby jointly agree to participate in a special instant coupon discount program in order to promote the sale of efficient light emitting diode (LED) holiday lighting products through the Retailer in Fort Collins, Colorado. The Sponsor will reimburse the Retailer for the coupon value for each eligible product sold at the 227 South College Avenue location at a discounted price under the terms of this Agreement. This is a component of the Sponsor's fall 2006 Efficient Lighting Program. Exhibit "A" lists the products eligible for the instant coupon incentive, the coupon incentive amount per product sold, customer sales limit, estimated quantities of products and the not -to -exceed limit on the Sponsor's funds under this Agreement. Article 1. Term This promotion and Agreement shall be effective for qualifying retail sales beginning on a date in November 2006, mutually agreed upon by the Retailer and the Sponsor, on which the Holiday Lighting Turn -in Event (Event) will take place at the Retailer store, and ending no later than December 15, 2006, except that Sponsor's obligation to pay the coupon incentive reimbursements provided hereunder shall be limited to the amounts set forth in Exhibit "A". The parties may agree in writing to extend the term of this Agreement. Article 2. Reimbursement Stipulations All of the following stipulations must be met in order for retail sales to be eligible for coupon incentive reimbursement payment from Sponsor: 1. The eligible products will be available on the sales floors of the Retailer by the starting date for the promotion. 2. All Retailer -produced point -of -purchase and advertising materials related to this promotion must be approved by the Sponsor before production and placement of this material. 3. The Retailer will allow the Sponsor to place point -of -purchase signage in the vicinity of the promoted products that includes the Sponsor's logo, the coupon incentive amount and the customer sales limit. The signage will remain in place throughout the term of this Agreement. 4. The Retailer sells the products listed in Exhibit "A" of this Agreement, at a retail price reduced by the Sponsor's coupon incentive, only to customers who have completed the information required on the instant coupon specific to the product being purchased and who have complied with the terms of the coupon. Instant coupons will be provided by the Sponsor. Coupons may not be reproduced, photocopied or altered in any way. 5. The Retailer provides actual store sales data on the products listed in Exhibit "A" of this Agreement, for the period of the promotion. All sales data must be generated from the Retailer's computer -based point -of -sale system or an alternative format approved by the Sponsor. An example of sales data must be submitted by the Retailer and approved by the Sponsor prior to the beginning of the promotion. Downtown Ace Holiday Lighting Coupon Agt 8-8-06.doc Pagel of4 4Vflulv0 rnt 1D:43 FAX 717 975 3722 RITE -AID CAT MG1lT @ 004 If to Manufacturer: ENERGY STAR Marketing Manager General Electric Company 1975 Noble Road, Nela Park Cleveland, OH 44112 If to Sponsor. General Manager Fort Collins Utilities 700 Wood Street P.O. Box 580 Fort Collins, Colorado 80522 4. This Agreement is made for the sole and exclusive benefit of the parties and shall inure to the benefit of their respective successors and assigns. It is not made for the benefit of any third party. 5. In the event any covenant, condition or provision of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way affect any of the other covenants, conditions or provisions of this Agreement, provided that the invalidity of any such covenant, condition or provision does not materially prejudice either party in its respective rights and obligations under the valid covenants, conditions or provisions ofthis Agreement. 6. By executing this Agreement as provided below, the parties accept the terms and conditions hereof and agrees to abide by them. Each Party also represents and warrants that it is authorized to accept the terms and conditions hereof. The individual persons signing below hereby each represent that they are authorized to bind the party they claim below to represent to the terms and conditions hereof. 7. It is agreed by all parties that there will be no assignment or transfer of this Agreement, nor of any interest in this Agreement, without the prior written consent of all parties. B. This Agreement constitutes the entire agreement of the parties and supersedes any and all prior agreements or understanding of the parties, either written or oral, regarding the subject of this Agreement. This Agreement may be modified or amended by the written agreement of all parties hereto. A waiver by any party of any default or breach by another party of any provision of this Agreement shall not be considered as a waiver of any subsequent default or breach of that same or of any other provision hereof. The failure by any party to object to or to take affirmative action with respect to, any conduct of another party that is in violation of any provision of this Agreement shall not be construed as a waiver thereof, nor of any future breach at subsequent wrongful conduct 9. In no event shall either party be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages. 10 In the event any party hereto is unable, in whole or in part, to carry out its obligations under this Agreement, those obligations, insofar as they are affected by such an Act of God, shall be suspended during the continuance of any such disability, and such party shall not be liable to any other party hereto if the cause of such disability is remedied insofar as reasonably possible with reasonable dispatch, except that the settlement of any strike, lockout, or other industrial disturbance shall be conclusively deemed to be wholly within the discretion of the party whose obligations are suspended by reason thereof. The term "Act of God" as employed herein shall mean any event which is not reasonably within the control of the party affected including, but not limited to, acts of civil or mil controls, itary authority, priorities or other governmental allocations or currency exchange restrictions, embargo, fire, strike, lock out, or other labor difficulties, accident, flood, epidemics, war, armed conflict, riot or other civil disturbance, terrorism, delays or unavailability ofraw materials or of normal means of transport, deliberate or negligent acts of third parties. In the event that the GE -Rite Aid Mark Down Agreement DRAFT 7-26-06.doc Page 3 of 6 rrn , 1 ..,-.r,- ----- 09/15/UU FRI 15:44 FAX 717 975 3722 RITE -AID CAT MGMT -4jh005 failure of any party hereto to perform any obligation hereunder by reason of an Act of God continues for more than thirty (30) days, any other party hereto may terminate this Agreement upon ten (10) business days notice. G� RoberVtuart, Manager —Consumer Lighting & Electrical Distri on s GE Consumer and Industrial, a business of General Electric Company , Approved as GE -Rite Aid Mark Down Agreement DRAFT 7-26-06.doc Page 4 of 6 OS/15/06 FRI 15:44 FAX 717 975 3722 RITE -AID CAT MG11T Q 006 EXMIT "A" Participating Retailer Store Locations ��u rs-'il�iwu `� ;�13Ot "��J }1\rt,%� I�.k•+TvPV �' l iI;Ni t'Old Tja ; 'kt EJx yF�i f� 9'.-0, �� -LNx iti�'p+yx� NY ` i� • diO G x' x� ✓'j 6172 1103 W. Prospect Rd. Fort Collins CO 80526 EXIMIT "B" -- - Fall 2006 Efficient Lighting Program Details General Electric 15 Watt compact fluorescent bulb GE Model #41520 -- 1 9.99 - $1.60 --- $0.99 156 packs $250 SKU FLE15HT3/7./SW/CD 10 packs total all products General Electric 20 Watt compact fluorescent bulb GE Model #15516 1 g.9g $1.85 $1.49 156 packs $289 SKU FLE20HT3/2/SW/CD General Electric 26 Watt compact fluorescent bulb GE Model #13517 1 9 99 S2.00 $0.99 156 packs $312 SKU FLE26HT3/2/SW/CD General Electric 11 Watt compact fluorescent bulb GE Model #49894 1 7.99 $2.85 $0.99 100 packs $285 SKU FLEI l/2TC14SW/CD General Electric 15 Watt compact fluorescent bulb GE Model #49610 1 8.99 $2.85 $1.49 100 packs $285 SKU FLE l5/2/R30/UTCD 1. Quantities are estimates only. Promotion sales may include any mix of quantities of the eligible products, as long as the total mark-down incentive amount does not exceed the Not -to -Exceed Sponsor Funds, plus 5%. GE -Rite Aid Mark Down Agreement DRAFT 7-26-06.doe Page 5 of 6 rai iu:90 rea rl'r U75 3722 RITE -AID CAT MUT 11007. EXHIBIT "C" Manufacturer and Retailer Promotional Parameters 1. The Retailer acknowledges that this promotion is not exclusive and that other vendors of qualifying lighting products may participate in the promotion by executing an Agreement substantially similar to this Agreement. 2. Retailer will actively pursue the use of end -caps and prominently place eligible product displays. 3. Retailer stocks an adequate quantity of the products eligible under this Agreement to meet customer demand and the product will be available on the sales floors of the Retailer by the starting date for the promotion. 4. Retailer and sponsor agree that the retailer will sell the products at the "Suggested Discounted Retail Prices" listed in Exhibit "B" of the Agreement. 5. Retailer will allow Sponsor to place point -of -purchase signage in the vicinity of the promoted products that includes the Sponsor's logo and the ENERGY STAR logo, and that lists the discounted prices and the customer sales limit. The signage will remain in place throughout the tern of this Agreement. GE -Rite Aid Mark Down Agreement DRAFT 7-26-06.doc Page 6 of 6 6. The Retailer's staff is trained about LED holiday lighting and the specifics of the promotion by the Sponsor, prior to the beginning of the promotion. 7. Coupons issued on the day of the Event may only be redeemed by the Retailer on the day of the Event. 8. All Redemption/Invoice Guidelines listed below are adhered to. Article 3. Redemotion/Invoice Guidelines Redemption/invoicing for incentives for product sold through this promotion will be submitted by the Retailer to the Redemption Agent. Such Redemption Agent will be designated by the Sponsor, and Sponsor will notify the Retailer in writing of such designation. In the absence of such designation, the Sponsor will act as the Redemption Agent and requests for payments shall be submitted to: Fort Collins Utilities, Attn: Efficient Lighting Program, P.O. Box 580, Fort Collins, CO 80522. The Redemption Agent shall reimburse the Retailer the instant coupon incentive amount listed in Exhibit "A" for products sold under the terms of this Agreement, within thirty (30) days of receipt of the properly documented invoice from the Retailer. The following procedure must be followed to receive payment: 1. The request for payment must include a completed Sponsor -provided coupon redemption form and all coupons that it reflects, with all information required on the coupons completed on every coupon. 2. The Retailer must attribute all specific invoices to AGT #FC2006-0113. 3. Invoices may be submitted on either a biweekly or monthly basis, at the option of the Retailer. Any such invoice must be submitted within 15 days of the last day of the invoice period. 4. The Retailer must submit SKU-level sales data for the eligible products by store location. These sales data must match the invoice and invoice cover sheet. Sales data must be reported in a format consistent with the sales and inventory management system(s) used by Retailer. Article 4. General Terms 1. The laws of the State of Colorado will be applied in the interpretation, execution and enforcement of this Agreement. 2. Venue for any legal action regarding the interpretation, execution or enforcement of this Agreement shall be in Larimer County District Court in Fort Collins, Colorado. 3. Any notice, request, demand, consent or approval, or other communication required or permitted hereunder will be in writing and will be deemed to have been given when personally delivered or deposited in the United States mail with proper postage and addressed as follows: If to Retailer: Manager Downtown Ace Hardware 227 S. College Ave. Fort Collins, Colorado 80524 If to Sponsor: General Manager Fort Collins Utilities 700 Wood Street P.O. Box 580 Downtown Ace Holiday Lighting Coupon Agt 8-8-06.doc Page 2 of 4 Fort Collins, Colorado 80522 4. This Agreement is made for the sole and exclusive benefit of the parties and shall inure to the benefit of their respective successors and assigns. It is not made for the benefit of any third party. S. In the event any covenant, condition or provision of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way affect any of the other covenants, conditions or provisions of this Agreement, provided that the invalidity of any such covenant, condition or provision does not materially prejudice either party in its respective rights and obligations under the valid covenants, conditions or provisions of this Agreement. 6. By executing this Agreement as provided below, the parties accept the terms and conditions hereof and agrees to abide by them. Each party also represents and warrants that it is authorized to accept the terms and conditions hereof. The individual persons signing below hereby each represent that they are authorized to bind the party they claim below to represent to the terms and conditions hereof. 0 James T. McOei'land, President - ZMAC, Inc. James B. O'Neill II, CPPO, FNIGP, Director of Purchasing and Risk Management - City of Fort Collins Downtown Ace Holiday Lighting Coupon Agt 8-8-06.doc Page 3 of 4 EXHIBIT "A" Fall 2006 Efficient Lighting Program Details Light Emitting Diode holiday light string, power draw not to exceed five watts, when customer turns in a $5.00/string working incandescent C-9 or C-7 holiday light string during the Holiday Lighting Tum-in Event Light Emitting Diode holiday light string, power draw not to exceed five watts, when customer turns in a $3.00/string working incandescent mini -light holiday light string during the Holiday Lighting Tum-in Event 5 strings 2,000 strings Light Emitting Diode holiday light total all total all string, power draw not to exceed five products products watts, when customer does not turn $2.00/string in a working incandescent mini -light holiday light string during the Holidav Liehtine Tum-in Event Light Emitting Diode holiday light string, power draw not to exceed five watts, after the Holiday Lighting Tum-in Event has been held, if the $2.00/string maximum limits for quantities or funds has not been met (no product $10,000 1. The total coupon incentive amount for all eligible products may not exceed the Not -to -Exceed Sponsor Funds amount. Downtown Ace Holiday Lighting Coupon Agt 8-8-06.doc Page 4 of 4 Instant Coupon Incentive Agreement for Fall 2006 Efficient Lighting Program ZMAC Inc. dba Downtown Ace Hardware, 227 South College Avenue, Fort Collins, Colorado 80524 (Retailer) and City of Fort Collins, Colorado (Sponsor) hereby jointly agree to participate in a special instant coupon discount program in order to promote the sale of ENERGY STAR® qualified lighting products through the Retailer store in Fort Collins, Colorado. The Sponsor will reimburse the Retailer for the coupon value for each eligible product sold at a discounted price under the terms of this Agreement. This is a component of the Sponsor's fall 2006 Efficient Lighting Program. Exhibit "A" lists the products eligible for the instant coupon incentive, the coupon incentive amount per product sold, customer sales limit, estimated quantities of products and the not -to -exceed limit on the Sponsor's funds under this Agreement. At the option of the Sponsor, based on actual sales during the promotion, a change order may be issued to increase quantities of this Agreement. Article 1. Term This promotion and Agreement shall be effective for qualifying retail sales on or after October 1, 2006 and no later than December 15, 2006, except that Sponsor's obligation to pay the coupon incentive reimbursements provided hereunder shall be limited to the amounts set forth in Exhibit "A". The parties may agree in writing to extend the term of this Agreement. Article 2. Reimbursement Stipulations All of the following stipulations must be met in order for retail sales to be eligible for coupon incentive reimbursement payment from Sponsor: The lighting products listed in Exhibit "A" comply with the current ENERGY STAR lighting requirements, which are listed on the ENERGY STAR web site (www.energystar.gov). 2. All products sold under this Agreement are labeled with the ENERGY STAR label, on both the product itself and the retail packaging. Retailer stocks an adequate quantity of the products eligible under this Agreement to meet customer demand and the product will be available on the sales floors of the Retailer by the starting date for the promotion. 4. All Retailer -produced point -of -purchase and advertising materials related to this promotion must be approved by the Sponsor before production and placement of this material. 5. The Retailer will allow the Sponsor to place point -of -purchase signage in the vicinity of the promoted products that includes the Sponsor's logo and the ENERGY STAR logo, the coupon incentive amount and the customer sales limit. The signage will remain in place throughout the term of this Agreement. 6. The Retailer sells the products listed in Exhibit "A" of this Agreement, at a retail price reduced by the Sponsor's coupon incentive, only to customers who have completed the information required on the instant coupon specific to the product being purchased. Instant coupons will be provided by the Sponsor. Coupons may not be reproduced, photocopied or altered in any way. Downtown Ace CFL Lighting Coupon Agt 7-28-06.doc Page 1 of 4 The Retailer provides actual store sales data on the products listed in Exhibit "A" of this Agreement, for the period of the promotion as well as for the three-month period prior to the promotion start date and the three- month period following the end of the promotion. If the Retailer brings in new product specifically to participate in this promotion, pre -promotion data will not be required. All sales data must be generated from the Retailer's computer -based point -of -sale system or an alternative format approved by the Sponsor. An example of sales data must be submitted by the Retailer and approved by the Sponsor prior to the beginning of the promotion. 8. The Retailer's staff is trained about ENERGY STAR qualified lighting and the specifics of the promotion by the Sponsor, prior to the beginning of the promotion. 9. All Redemption/Invoice Guidelines listed below are adhered to. Article 3. Redemption/Invoice Guidelines Redemption/invoicing for incentives for product sold through this promotion will be submitted by the Retailer to the Redemption Agent. Such Redemption Agent will be designated by the Sponsor, and Sponsor will notify the Retailer in writing of such designation. In the absence of such designation, the Sponsor will act as the Redemption Agent and requests for payments shall be submitted to: Fort Collins Utilities, Attn: Efficient Lighting Program, P.O. Box 580, Fort Collins, CO 80522. The Redemption Agent shall reimburse the Retailer the instant coupon incentive amount listed in Exhibit "A" for products sold under the terms of this Agreement, within thirty (30) days of receipt of the properly documented invoice from the Retailer. The total of said reimbursement shall not exceed the maximum total "Not to Exceed Sponsor Funds" amount as listed in Exhibit "A," with a maximum 5% overage. The following procedure must be followed to receive payment: The request for payment must include a completed Sponsor -provided coupon redemption form and all coupons that it reflects, with all information required on the coupons completed on every coupon. 2. The Redeeming Entity must attribute all specific invoices to AGT #FC2006-01. 3. Invoices maybe submitted on either a biweekly or monthly basis, at the option of the Retailer. Any such invoice must be submitted within 15 days of the last day of the invoice period. 4. The Retailer must submit SKU-level sales data for the eligible product by store location. These sales data must match the invoice and invoice cover sheet. Sales data must be reported in a format consistent with the sales and inventory management system(s) used by Retailer. Article 4. General Terms 1. The laws of the State of Colorado will be applied in the interpretation, execution and enforcement of this Agreement. 2. Venue for any legal action regarding the interpretation, execution or enforcement of this Agreement shall be in Larimer County District Court in Fort Collins, Colorado. 3. Any notice, request, demand, consent or approval, or other communication required or permitted hereunder will be in writing and will be deemed to have been given when personally delivered or deposited in the United States mail with proper postage and address as follows: Downtown Ace CFL Lighting Coupon Agt 7-28-06.doc Page 2 of 4 If to Retailer: Manager Downtown Ace Hardware 227 S. College Ave. Fort Collins, Colorado 80524 If to Sponsor: General Manager Fort Collins Utilities 700 Wood Street P.O. Box 580 Fort Collins, Colorado 80522 4. This Agreement is made for the sole and exclusive benefit of the parties and shall inure to the benefit of their respective successors and assigns. It is not made for the benefit of any third party. 5. In the event any covenant, condition or provision of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or provision shalt not in any way affect any of the other covenants, conditions or provisions of this Agreement, provided that the invalidity of any such covenant, condition or provision does not materially prejudice either party in its respective rights and obligations under the valid covenants, conditions or provisions of this Agreement. 6. By executing this Agreement as provided below, Retailer accepts the terms and conditions hereof and agrees to abide by them. Retailer also represents and warrants that it is authorized to accept the terms and conditions hereof. The individual persons signing below hereby each represent that they are authorized to bind the party they claim below to represent to the terms and conditions hereof. James T. - ZMAC, Inc. C B. O'Neill II, CPPO, FNIGP, Director of Purchasing and Risk Management - City of Fort Collins Downtown Ace CFL Lighting Coupon Agt 7-28-06.doc Page 3 of 4 a rnt la:az r'AX 717 975 3722 RITE -AID CAT MGMT 660/0 5ts_7 0002 Mark -Down Promotional Fee Agreement for Fall 2006 Efficient Lighting Program Rite Aid Corporation (Retailer), General Electric Company (Manufacturer), and City of Fort Collins, Colorado (Sponsor) hereby jointly agree to participate in a special "mark-down promotional fee" program in order to promote the sale of ENERGY STAR' qualified lighting products through two Retailer sues located in the Sponsor's service territory (Exhibit "A"). The Sponsor will pay a markdown incentive fee to the Manufacturer for each eligible product sold through Retailer at a suggested discounted price under the terms of this Agreement. This is a component of the Sponsor's fall 2006 Efficient Lighting Program. Exhibit'B" lists the products eligible for the mark-down incentive, the mark-down incentive amount per product sold, the regular and discounted retail prices, customer sales limit, estimated quantities of products and the not -to - exceed limit on the Sponsor's funds under this Agreement. At the option of the Sponsor, based on actual sales during the promotion, a change order may be issued to increase/decrease quantities of this Agreement. Article 1. Term This promotion and Agreement shall be effective for qualifying retail sales on or after October 1, 2006 and no later than December 15, 2006. The parties may agree in writing to extend the term of this Agreement. Article 2. Retailer Promotional Parameter Exhibit "C" lists the manufacturer and retailer promotional parameters pertinent to this Agreement. Manufacturer and Retailer will cooperate with these promotional parameters. Article 3. Reimbursement Stipulations All of the following stipulations must be met in order for retail sales to be eligible for markdown incentive reimbursement payment from Sponsor: i. The lighting products listed in Exhibit "B" comply with the current ENERGY STAR' lighting requirements, which are listed on the ENERGY STAR web site (www.energystar.gov). 2. All products sold under this Agreement are labeled with the ENERGY STAR' label, on both the product itself and the retail packaging. 3. All Retailer or Manufacturer -produced point -of -purchase and advertising materials related to this promotion must be approved by the Sponsor before production and placement of this material. 4. All Redemption/Invoice Guidelines listed below are adhered to. S. All Manufacturer and Retailer Promotional Parameters included in the attached as Exhibit "C" are adhered to. 6. The Retailer or Manufacturer provides actual store sales data on the products listed in Exhibit "B" of this Agreement, for the period of the promotion as well as for the three-month period prior to the promotion start date and the three-month period following the end of the promotion. If the Retailer brings in new product specifically to participate in this promotion, pre -promotion data will not be required. GE -Rite Aid Mark Down Agreement DRAFT 7-26-06.doc C`rO 4 C "N a n-J. C. Page 1 of 6 uaiiniva rxt 15:43 FAX 717 975 3722 RITE -AID CAT MGMT ' 0 003_ Article 4. Redemotiow4ovoice Guidelines Redemptionlinvoicing for incentives for product sold through this promotion will be submitted by the Manufacturer. Requests for markdown incentive reimbursement payments pursuant to this Agreement shall be submitted to the Redemption Agent. Such Redemption Agent will be designated by the Sponsor, and Sponsor will notify the Manufacturer in writing of such designation. In the absence of such designation, the Sponsor will act as the Redemption Agent and requests for payments shall be submitted to: Fort Collins Utilities, Attn: Efficient Lighting Program, P.O. Box 580, Fort Collins, CO 80522. The Redemption Agent shall reimburse the Manufacturer the markdown incentive amount listed in Exhibit "B" for products sold under the terms of this Agreement, within thirty (30) days of receipt of the properly documented invoice from the Manufacturer. The following procedure must be followed to receive payment: 1. Manufacturer must submit an invoice itemizing incentives for which the Manufacturer is seeking payment; invoice must include product model numbers and descriptions (which should match the model numbers and descriptions in this Agreement), quantities of each product sold, markdown incentive amounts for each product, and extended costs. 2.- The- Manufacturer must attribute all specific invoices to AGT #FC2006-09 and use the Sponsor -provided redemption form cover sheet (available from the Redemption Agent) when submitting for reimbursement. 3. Invoices may be submitted on either a biweekly or monthly basis, at the option of the Manufacturer. Any such invoice must be submitted within 15 days of the last day of the invoice period 4. The Manufacturer must submit SKU-level sales data for the eligible product by store location. These sales data must match the invoice and invoice cover sheet. Sales data must be reported in a format consistent with the sales and inventory management system(s) used by Retailer. Article 5. General Terms 1. The laws of the State of Colorado will be applied in the interpretation, execution and enforcement of this Agreement. 2. Venue for any legal action regarding the interpretation, execution or enforcement of this Agreement shall be in Larimer County District Court in Fort Collins, Colorado. 3. Any notice, request, demand, consent or approval, or other communication required or permitted hereunder will be in writing and will be deemed to have been given when personally delivered or deposited in the United States mail with proper postage and address as follows: If to Retailer. Rite Aid Corporation David P. Jay Category Manager Rite Aid Corporation 30 Hunter Lane Camp Hill, PA 17055 717-730-9341 Fax 717-975-3722 GE -Rite Aid Mark Down Agreement DRAFT 7-26-06.doc Page 2 of 6