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• City of Batesville
<br /> Batesville Sports Complex
<br /> BEVERAGE AGREEMENT
<br /> This Beverage Agreement(the"Agreement")is made this 1st day of January, 2012 by
<br /> and between Pepsi Beverages Company("Pepsi")with offices located at 1125 Batesville Blvd
<br /> ,Batesville Ar 72501. and The City of Batesville- Batesville Sports Complex with facilities
<br /> located at 1830 Chaney Dr. Batesville Ar. 72501. (the"Customer").
<br /> WHEREAS, Customer and Pepsi each desire that Pepsi, through its Brands (as
<br /> hereinafter defined), serve as the sole, exclusive and official Beverage(as hereinafter defined)
<br /> supplier, distributor and advertiser of Customer at each and every location owned and operated,
<br /> controlled or utilized by the Customer including, but not limited to, each and every location,
<br /> Beverage fountain and vending location, special events area, concession vending area and any
<br /> and all other areas and locations that become operational during the term of this Agreement(the
<br /> "Facilities").
<br /> NOW THEREFORE, in consideration of the mutual covenants Pepsi and Customer
<br /> hereby agree as follows:
<br /> 1. Beverages shall be defined as any and all non-alcoholic drinks except milk.
<br /> 2. Brands shall mean any and all Beverages sold and distributed by Pepsi and any and
<br /> all Beverages Pepsi may sell or distribute in the future including, but not limited to, carbonated
<br /> soft drinks, non-carbonated soft drinks, juices, juice containing beverages, teas, energy drinks,
<br /> sports drinks, or isotonic drinks, bottled waters bottled coffee, frozen beverages , hot coffee and
<br /> • tea .
<br /> 3. Subject to the renewal provisions set forth herein below, the term of this seven
<br /> Year 7 year Agreement shall commence on 1-1-12 and terminate on 12-31-18,
<br /> or when Customer has purchased a total of 7320 cases/gallons (the"Benchmark
<br /> Requirement"), whichever comes last("Term"). All funding provided by Pepsi in Paragraph 5 of
<br /> this Agreement shall terminate on 12-31-18; however, Customer shall be required to honor the
<br /> terms and conditions of the Agreement until the Benchmark Requirement has been met.
<br /> 4. In exchange for Customer's 7 year commitment and other valuable consideration
<br /> and upon full execution of this Agreement, the parties agree as follows.-
<br /> a,
<br /> ollows:a. Pepsi agrees to pay Customer an upfront payment of twenty five thousand
<br /> dollars($25,000.00) payable within sixty(60)days after the signing of this of this
<br /> Agreement .
<br /> b. Pepsi agrees to pay one thousand five hundred dollars($1500.00)for each year 1-7
<br /> for field sponsorship payable at the end of each year
<br /> c. Pepsi agrees to pay one thousand dollars ( $1000.00)for each year 1-7 for team
<br /> sponsorship payable at the end of each year .
<br /> d. Full Service Vending if requested will be paid at step commission.
<br /> e. 2012 Pricing as follows , 20 oz carbonated soft drinks$21.22 /24 pack case , 20 oz
<br /> water$19.58/24 pack case , 20 oz Gatorade $21.22/24 pack case .
<br /> f. All pricing adjusted annually
<br /> g. Pepsi will provide all cooling equipment need to cooler Pepsi Products
<br /> h. All Pepsi equipment provided , service and maintain all Pepsi cooling equipment free of
<br /> charge
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