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<br />D. <br /> <br />hereunder, Beverage Provider agrees to provide the following support described <br />below: <br /> <br />1. <br /> <br />Beverage Provider shall pay the cost of purchasing a Scoreboard, up to <br />$12,500, including the freight charges. <br /> <br />Responsibilities of City. City hereby grants to Beverage Provider the following <br />exclusive Beverage availability and merchandising rights: <br /> <br />1. <br /> <br />City shall cause the Products to be the exclusive Beverages sold, dispensed. <br />served or sampled at all locations and at all functions at the Complex, <br />including all concessions, coolers and vending machine locations. No <br />Competitive Products shall be made available at the Complex. City will <br />serve al1200z. and 240z. products along with fountain BIB with guaranteed <br />favorable pricing as shown in Exhibit A attached hereto. <br /> <br />2. <br /> <br />City shall offer a wide variety of Beverage Provider's carbonated and <br />noncarbonated Products during all hours and at all locations in the <br />Complex. <br /> <br />3. <br /> <br />City shall promote the sale of Products by causing all Products hawked in <br />stands(if any) to be sold in approved trademarked cups and plastic bott 1 es <br />(currently twenty-ounce), for all sporting events and during all events when <br />any items of any make or description are hawked in the stands of the <br />Complex. <br /> <br />4. <br /> <br />City shall use and cause all concessionaires (If applicable) to use <br />Coca-Cola@ trademark cups purchased from Beverage Provider. If Teams <br />use isotonic Products, use Products with POWERADE@ trademark cups. <br /> <br />5. <br /> <br />Materials promoting Products at the point of sale on Complex and all menu <br />boards, Scoreboard, or other similar Equipment and equipment dispensing <br />Beverages at the Complex shall be prominently displayed and are to be <br />clearly visible to the purchasing public. City shall be given the right to <br />preview all materials and to rej ect any materials reasonably deemed by the <br />City to be offensive, disruptive or contrary to sound practice. <br /> <br />6. <br /> <br />Beverage Provider shall be entitled to premiere and exclusive Beverage <br />sign age rights on the Scoreboard and at the Complex and City will not <br />grant sign age and advertising rights at the Complex with respect to any <br />Competitive Products. <br /> <br />7. <br /> <br />City shall grant to Beverage Provider the exclusive Beverage vending rights <br />at the Complex and permit Beverage Provider to place a minimum of 5 <br />Beverage vending machines in mutually agreed upon locations as required <br />to meet Beverage availability needs at the Complex (if City decides to <br />change to full service). <br /> <br />Beverage Provider Agreement - Page 2 <br /> <br />I <br />