CONCURRENT USE FOR ALL THE UNITED STATES, ITS TERRITORIES AND POSSESSIONS EXCEPT THE FOLLOWING CONTINGENT EXCEPTION BY NEW ENGLAND FOOD FAIR STORES TRADING CORP., A MASSACHUSETTS CORPORATION, WITH ITS PRINCIPAL PLACE OF BUSINESS IN BROOKLINE, MASSACHUSETTS, INSOFAR AS SUCH CORPORATION MAY HAVE-DERIVED A RIGHT TO USE AND HAS USED THE MARK "NEW ENGLAND FOOD FAIR" SINCE 1948 IN THE COMMONWEALTH OF MASSACHUSETTS FOR MISCELLANEOUS GROCERIES AND PROVISIONS PURSUANT TO THE DECREE OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS MADE OCTOBER 1, 1948, IN CIVIL ACTION NO. 7375, AND THE OPINIONS OF RECORD IN THAT ACTION, SUCH RIGHT TO USE BEING SUBJECT TO CHANGE IN THE SAME OR OTHER LITIGATION, OR BY OTHER OPERATION OF LAW, OR BY AGREEMENT. CONCURRENT USE WITH USER, NEW ENGLAND FOOD FAIR, INC., BROOKLINE, MASS