SECOND AMENDMENT
TO
DISTRIBUTOR SERVICE AGREEMENT
BETWEEN
XXXXXX PAPER AND FOOD SERVICE, INC.
AND
COSI, INC.
Agreement made this 7th day of April, 2003, by and between Xxxxxx Paper
and Food Service, Inc. ("DISTRIBUTOR") AND Cosi, Inc. ("COMPANY").
RECITALS
The parties entered into a certain Distributor Service Agreement dated
January 7, 2002, that was subsequently amended on June 18, 2002, and desire to
amend the same to redefine the Term of the Agreement.
AGREEMENT
The parties hereto agree as follows:
The initial term of this Agreement, contained in Section 15.1 of the amended
Agreement is hereby amended as follows:
This Agreement shall become effective as of the Effective Date (January 7,
2002) and shall expire four (4) years from the effective date (January 7, 2006),
unless otherwise terminated or extended pursuant to the terms of this Agreement.
Except as amended hereby, the Agreement shall remain unchanged and in full
force and effect. In the event of a conflict between the terms, conditions and
provisions hereof, and those of the Agreement, the terms, conditions and
provisions hereof shall prevail and control.
IN WITNESS WHEREOF, the parties have executed this SECOND AMENDMENT as of
the day first above written.
XXXXXX PAPER AND FOOD SERVICE, INC.
BY: /s/ Xxxxxxxxxxx Xxxxxx
-----------------------------
TITLE: CEO
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COSI, INC.
BY: /s/ Xxxxxxx X. Xxxxxxx
-----------------------------
TITLE: CEO
--------------------------
