Common use of Automatic Amendment Clause in Contracts

Automatic Amendment. 33. In the event that bottlers, which purchased for their own account eighty percent (80%) or more of all of the Concentrate for Beverages purchased for the account of all bottlers who are parties to agreements with the Company containing substantially the same terms as this Agreement, agree with the Company to any different provisions to be included in this Agreement, then the Bottler hereby agrees to include an amendment containing such different provisions in this Agreement. The gallons of Concentrate purchased by such bottlers shall be determined based on the most recently-ended calendar year prior to the date such amendment was first offered to bottlers.

Automatic Amendment. 3330. In the event that bottlers, bottlers which purchased for their own account eighty percent (80%) or more of all of the Concentrate for Beverages Fountain Syrups purchased for the account of all bottlers who are parties to agreements with the Company containing substantially the same terms as this Agreement, agree with the Company to any different provisions to be included in this Agreement, then the Bottler hereby agrees to include an amendment containing such different provisions in this Agreement. The gallons of Concentrate purchased by such bottlers shall be determined based on the most recently-ended calendar year prior to the date such amendment was first offered to bottlers. Such gallons of Concentrate purchased shall include purchases which were concluded in any bottler's territory through Commissary delivery or otherwise to National Account Customers.