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12. In the event any of the covenants, agreements, terms or provisions contained in this <br /> Agreement shall be invalid, illegal or unenforceable in any respect, the validity of the remaining <br /> covenants, agreements, terms and provisions contained herein shall not in any way be affected, <br /> prejudiced or disturbed thereby. <br /> 13. If Customer fails to perform any of the promises set forth in this Agreement, then as <br /> an option but not as its sole remedy, Pepsi may terminate this Agreement. If this Agreement is <br /> terminated for any reason, Customer agrees to return to Pepsi a pro rata portion of all monetary <br /> payments, including the value of donations, made to but not earned by Customer under <br /> Paragraphs 5 of this Agreement. Further, any such breach by Customer shall be deemed as <br /> authorization to Pepsi to allow Pepsi immediate access to the Facilities to take possession of <br /> each and every piece of Pepsi's equipment without any claim of trespass. <br /> 14. Any failure by either party hereto to enforce at any time or for any period of time any <br /> one or more of the terms or conditions of this Agreement, shall not be a waiver of such terms or <br /> conditions or of either party's right thereafter to enforce each and every term and condition of this <br /> Agreement. <br /> 15. It is mutually understood and agreed, and it is the intent of Pepsi and Customer that <br /> an independent contractor relationship be established and is hereby established under the terms <br /> and conditions of this Agreement: that employees of Customer are not, nor shall they be deemed <br /> to be, employees of Pepsi; and, that employees of Pepsi are not nor shall they be deemed to be <br /> employees of Customer. <br /> 16. This Agreement may not be assigned by either party hereto without the express <br /> written consent of the other. <br /> 17. This Agreement fully expresses the entire understanding of Pepsi and Customer. <br /> .► Any and all prior understandings are hereby canceled. No future changes in the terms of this <br /> Agreement shall be valid, except when and if reduced to writing and signed by both Pepsi and <br /> Customer, by legally authorized officials thereof. <br /> IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and <br /> year first above written. <br /> City of Batesville Pepsi Beverages Company <br /> By: By: <br /> Name: Name: <br /> Title: Title: <br /> Mailing <br /> Address <br /> Federal ID# <br /> 3 <br />