Common use of Vending Machine Revenue Clause in Contracts

Vending Machine Revenue. The Association acknowledges that the Park Board may enter into vending and supplier contracts (“Vending Contracts”) for vending machines or food and beverage distribution rights that apply to the Community Centre Network (such as the current contract between the Park Board and the Coca-Cola Bottling Company dated December 1, 2006). The Park Board agrees that any revenue from vending machines located in the Jointly Operated Facilities which are under a system-wide Vending Contract and received by the Park Board may be shared by the Association and the Park Board at a percentage split agreed upon by the parties. The Association further acknowledges and agrees that Vending Contracts may contain exclusivity clauses which prohibit the sale of competitor’s products in the Jointly Operated Facilities and Common Spaces. If the Park Board enters into a Vending Contract which contains an exclusivity clause, the Park Board will share the exclusivity clause with the Association. The Association agrees it shall abide by the terms of any exclusivity clause in the Vending Contract, and shall require its Personnel or those with whom it contracts to do the same. The Association is also permitted to independently operate vending machines in the Jointly Operated Facilities provided they do not violate the terms of any such exclusivity clause. Revenue from any vending machines in the Jointly Operated Facilities that are under contract with the Association (and not part of Vending Contracts) shall be for the benefit of the Association. Subject to the following, vending machines located outside the Jointly Operated Facilities are solely controlled by the Park Board and revenue shall be for the benefit of the Park Board. Any vending in Common Spaces will be considered on a case by case basis. Any additional financial issues specific to the Association or the Jointly Operated Facilities are addressed in Appendix C to this Agreement.