What are 'Other Items' defined as in the Ben Jerrys FDD?

• 3.8 Subject to the Products and other items (e.g., spoons, cups, cones, etc.) required by BEN & JERRY'S to be offered, sold or used ("Other Items") being readily available, BEN & JERRY'S shall seek to make available for purchase by OPERATOR, either through BEN & JERRY'S directly, or through its affiliates, approved suppliers or distributors, those Products and Other Items; provided, however, that BEN & JERRY'S reserves the absolute unfettered right:

• 3.8.1 To discontinue the availability (in whole or in any quantity) of particular Products and Other Items from time to time;

• 3.8.2 To designate particular Products and Other Items for offer and sale at retail in limited geographic regions, demographic markets, or types of facilities and venues, or to otherwise limit the offer and sale at retail of any Product or Other Item in such manner and for such periods of time as BEN & JERRY'S may deem appropriate, including to reflect supply shortages (for whatever reason), varying customer preferences, to conduct seasonal or regional promotions, and to determine the marketability of a Product or Other Item or the feasibility and desirability of offering a Product or Other Item for sale under the System;

• 3.8.3 To require the return or disposal of, as BEN & JERRY'S shall direct, Products and Other Items that BEN & JERRY'S reasonably believes to be adulterated, tainted, contaminated, spoiled, unsafe, hazardous, expired, or otherwise unfit to be used for its intended purpose.

BEN & JERRY'S shall reimburse OPERATOR for the cost of any such returned or disposed-of Products, together with all reasonable costs paid by OPERATOR to return such returned Products, provided such Products did not become returned or disposed-of as a result of an act or failure to act by OPERATOR;

• 3.8.4 To allocate in the manner, amounts and proportions the supply of Products and Other Items among all Scoop Shops (whether operated by OPERATOR, other franchisees, or BEN & JERRY'S) based on such criteria as BEN & JERRY'S may determine;

• 3.8.5 To change the range, types and nature of the Products and Other Items, package sizes, packaging, product varieties, formulations, and specifications, at any time and without notice; and

• 3.8.6 BEN & JERRY'S shall have no financial or other liability to OPERATOR for any losses or damages, including loss of trade or profit, resulting from the unavailability or pricing (whether the price to OPERATOR or the price offered by OPERATOR) of Products or Other Items or from the inability of BEN & JERRY'S (or any of its affiliates, suppliers or distributors) for any reason to meet OPERATOR'S orders for Products, and Other Items or from shortages, errors or disruptions in manufacturing or deliveries, except in cases of negligence by BEN & JERRY'S, in which event the maximum amount of any losses or damages recoverable from proven liability shall not exceed the aggregate amount of the price which would have been invoiced to OPERATOR if the amount of the Products and Other Items that had actually been ordered by OPERATOR had been delivered (as shown by the records of BEN & JERRY'S or of its affiliates, suppliers or distributors, whichever is applicable).

Source: Item 22 — CONTRACTS (FDD pages 133–134)