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<br />BEVERAGE PROVIDER AGREEMENT <br /> <br />This agreement ("Agreement") is made between Paris Coca-Cola Bottling Company <br />of North Texas, a Texas Corporation (hereinafter referred to as ("Beverage Provider") and <br />the City of Paris having its principal place of business at 50 W, Hickory, Paris, Texas <br />(hereinafter referred to as "City"). <br /> <br />WHEREAS, Beverage Provider is dedicated to being responsive to the needs of the <br />City and to improving the communities in which it does business; and <br /> <br />WHEREAS, City is vested with the appropriate authority and wishes to grant to <br />Beverage Provider the exclusive beverage availability rights described herein with respect <br />to the City's new Paris Sports Complex Softball Facility (hereinafter referred to as the <br />"Complex".) <br /> <br />NOW, THEREFORE, in consideration of the acts and promises contained herein, <br />the parties hereby agree as follows: <br /> <br />A. Defmed Terms. <br /> <br />1. "Beverages" shall mean all nonalcoholic beverages of any kind, but shall <br />not include fresh-brewed unbranded coffee and tea products, unflavored <br />dairy products, water drawn from the public water supply or unbranded <br />juice squeezed fresh at the Complex (as defmed below). <br /> <br />2. "Products" shall mean Beverages products purchased directly from <br />Beverage Provider or sold through vending machines owned and stocked <br />by Beverage Provider. <br /> <br />3. "Competitive Products" shall mean all Beverages other than Products. <br /> <br />4. "Complex" shall mean and include the entire premise of the City of Paris <br />Sports Complex Softball Facility, <br /> <br />B Term. This Agreement shall be a term of one (1) year effective the date of fmal <br />execution thereof, automatically renewable for an additional four (4) one-year <br />terms; provided, however, the City may terminate this Agreement at any time for <br />cause following thirty (30) days written notice to Paris Coca Cola of intent to <br />terminate. Likewise, the City may terminate this Agreement by providing thirty <br />(30) days written notice to the company in advance of any automatic renewal <br />period, subject, however, to the City's obligation to make a pro rata <br />reimbursement (based on the number of years out of five (5) the Agreement has <br />concluded) of a portion of those monies paid to the City pursuant to paragraph C <br />of this Agreement. <br /> <br />C, ResDonsibilities of Beverage Provider. In order to advance the mission of the City, <br />to benefit the Complex, in exchange for the rights granted to Beverage Provider <br /> <br />Beverage Provider Agreement - Page 1 <br /> <br />EXHIBIT A <br />