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901 8547997 10:32:50 a.m. 06-28-2012 414 12- In the event any of the covenants, agreements, terms or provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect,the validity of the remaining covenants,agreements,terms and provisions contained herein shall not In any way be affected, prejudiced or disturbed thereby. 13- If Customer fails to perform any of the promises set forth in thio.;AgIrIsement,then as an option but no;as its sole remedy,Pepsi may terminate this Agreement ff;ft Agreement is terminated for any reason.Customer agrees to return to Pepsi a pro rata pvrtfofi of all manelary payments,including the value of donations,made to but not lamed by Customer under Paragraphs 5 of this Agreement. Further,any such breach by Customer shall be deemed as authorization to Pepsi to allow Pepsi lminedlate access to the Fe011ities to take possession of each and every piece of Pepsi's equipt>tlentwithout any ciaim of trespass. 14. Any failure by either party hereto to enforce at any time or for."period of time any one or more of the terms or conditions of this Agreement shall not be a waiver of such terms or conditions or of either party's right thereafter to enforce each and every term and condition of this Aereefnent 15, It Is mutually understood and agreed, end it Is the intent of Pepsi and tXatomer that an hdependent contractor rebattonshp be established and Is hereby established under the terms an.0101nditions of this Agreement that employees of Customer are not,nor shall they be deemed to`be,'employees of Pepsl,and, that employees of Pepsi are not nor shall they be deemed to be *rooyees of customer. 16. This Agreement may nM be assigned by either party herift wrWtout the.eatpress tAi to consent of the other 17. This Agreement fully expresses the entire understanding of.pep6l*td Customer. Any and all prior understandings are hereby canceled. No future changes In thb terms of this • Agreement shah be valid,except when and If reduced to writing and signed by both Pepsi and Cwtomer,by legally authorized officials thereof. IN WITNESS WHEREOF,the parties have executed tt.ts Agreertlaftt.114 ofthe daft and year first above written City of Bateavfile Pepsi Beverastts Corr Oqu By -ilName: Name: 10 it 0it C rip /dS Tillie: Title: U)JT AAr�AW5C-_ _ Address Federal ID 3