Beverage Availability. DRI will serve in its Covered Outlets and will cause the Subsidiaries to serve in their Covered Outlets a core brand set of Fountain Beverages that consists of Coca-Cola® classic, diet Coke® and Sprite®, and the remaining products will be jointly selected by DRI and CCF. CCF’s Fountain Beverages will be the only Fountain Beverages served in the Covered Outlets. DRI agrees that if it should, during the Term, consider the possibility of selling Beverages packaged in bottles or cans or any Excluded Beverage in Fountain or frozen form or in bottles or cans, it will allow The Coca-Cola Company the opportunity to present to it a program regarding the sale and marketing of such beverages prior to any similar presentation by any other potential supplier. Further, DRI agrees that, during the Term, it will not enter into a contract regarding the sale and/or marketing of such beverages with a third party upon terms and conditions more favorable to such third party than those offered to The Coca-Cola Company. DRI currently anticipates the acquisition of Exxon convenience/petroleum outlets and/or “dual concept” Exxon/Wendy’s outlets located in the mid-Atlantic region of the U.S. DRI agrees that any such outlets will be considered Covered Outlets for purposes of this Agreement and agrees further that CCF’s Fountain Beverages will be the only Fountain Beverages served in such outlets.
Beverage Availability. (i) Any beverages within the Exclusive Category served or sold at the Arena during the Term shall be Sponsor’s Products. Brooklyn Arena shall, and shall cause its Arena concessionaire and agents to, purchase all Sponsor’s Products sold, served, or dispensed at the Arena from Sponsor (or its designated co-packer or distributor).
Beverage Availability. Except as provided by Section 1.3, only Xxxxx Beverages can be sold, dispensed, or served at the Facility. All Xxxxx Beverages, sold, dispensed, or served at the Facility must be bought from Xxxxx, either directly or with a bottler or distributor acting as Xxxxx’x agent. FNW/FGI will supply cups and lids and carbon dioxide. FNW/FGI will determine, in consultation with Xxxxx and FNW/FGI’s concessionaire, the Xxxxx Beverages to be sold at the Facility, and the package forms and volume sizes for those Xxxxx Beverages. FNW/FGI will make Xxxxx Beverages available for sale at the Facility in all package forms determined in good faith by Xxxxx and FNW/FGI, through hawking, carts, kiosks, vending machines and any other means determined by FNW/FGI and approved by Xxxxx. If Xxxxx decides to offer a souvenir cup containing Seahawks and Xxxxx Marks, both parties shall agree on the size and graphics on the cup and said souvenir cup expense, including design, manufacture and delivery, will be at Xxxxx sole expense. Xxxxx will be responsible for the cost of labor and materials to retrofit fountain dispensers as set forth on Exhibit H attached hereto, as well as providing coolers to store Xxxxx Beverages at the points of sale indicated on Exhibit H. The bottle pricing and fountain pricing to be charged to FNW/FGI in connection with Xxxxx distribution activities above shall be [***] and [***] delivered to the Facility and [***] for 2007. Each year, the parties will review this pricing to determine if an adjustment is necessary using factors such as pricing offered to similar customers purchasing under similar volumes and retention of profit margins. In the event that other Xxxxx Beverages are sold at the Facility pursuant to the terms of this Agreement, the price for each such Xxxxx Beverage shall be agreed upon by the parties, which price will be reviewed each year after the initial year of sales.
