11-12-2014 Council Agenda - Laserfiche WebLink

Home Browse Search

Exhibit A Definitions The following terms have the following meanings when used in the Agreement: "Adulterated" has the meaning set forth in the Family Smoking Prevention and Tobacco Control Act (Public Law 111.31, Section 902; see also 21 U.S.C. § 387(b)). "AGDC" means Altria Group Distribution Company, a Virginia corporation and an affiliate of PM USA. "ALCS" means Altria Client Services Inc., a New York corporation and an affiliate of PM USA. "Average PM-CCPM" stands for Average PM USA Consumer Cartons Per Month, which means, with respect to a Store, the total number of cartons of PM USA Cigarettes purchased by such Store from STARS -reporting wholesalers during a STARS Quarter, less returns, divided by three, rounded to two decimal places. All such purchases and returns are as reported in STARS. "Cap Threshold" has the meaning set forth in Exhibit I, Section 4.B. "Category Space" means the total area (height x width) in a Store, within or attached to any Fixture Body in which any cigarettes are visibly merchandised, whether in the PCMA or any OCMA, except as set forth in Exhibit C, Section 1.F.(3), Category Space does not include any Fixture Header or any part of the Fixture located behind a Fixture Header, "Chain" means three or more retail stores that share common legal ownership or business management. "Cigarette Sign" means any item, other than a Fixture, Display, or OPM, visible to adult tobacco consumers, that displays a cigarette brand name, trademark, logo, symbol, motto, or selling message or that advertises cigarettes without displaying a specific cigarette brand. "Designated Marlboro Packings" means Marlboro Box, Marlboro Gold Pack Box, Marlboro Gold Pack 100's Box, Marlboro Menthol Box, Marlboro Menthol Gold Pack Box, and any Marlboro Black Packing. "Display" means a portable cigarette merchandising unit, as determined by PM USA. Displays are not included in Category Space, "EFT" stands for Electronic Funds Transfer, which means the initiation of credit entries by PM USA, through its affiliates, to Retailer's identified bank account. "Exterior Cigarette Sign" means any Cigarette Sign that is either (i) outside a Store or (U) posted on the inside surface of a Store window and facing outward. "Fixture" means a stationary merchandising unit, other than an OPM, in which cigarettes are visibly merchandised. A Fixture consists of a Fixture Header and a Fixture Body. For purposes of the Agreement, the front poition and the back portion of a fixture commonly referred to as a slide -by fixture will each be considered a separate Fixture. "Fixture Body" means the part of a Fixture in which cigarette packs, cartons, or promotional product are merchandised. Fixture Body does not include the Fixture Header or any part of the Fixture located behind the Fixture Header. "Fixture Header" means either (i) the part of a Fixture that is attached to the top of the Fixture Body and that contains one or more signs, or (ii) one or more signs placed directly above a Fixture Body. Exhibit A Page 1 of 5 22