EXHIBIT 10.13
RCT = Requested Confidential Treatment
FIRST AMENDMENT TO SETTLEMENT AGREEMENT
THIS FIRST AMENDMENT TO SETTLEMENT AGREEMENT ("First Amendment") is made as
of this 22nd day of December, 1999, among Cardivan Company, a Nevada
corporation; Corral United, Inc., a Nevada corporation; Jackpot Enterprises
Inc., a Nevada corporation; and Xxxxxxxxx'x, Inc., a Delaware corporation.
RECITALS
1. The parties to this First Amendment entered a Settlement Agreement as of
November 18, 1999, to resolve disputes arising from license agreements
and litigation identified therein; and now desire to amend the Settlement
Agreement to more accurately reflect their original intent.
AGREEMENT
1. Paragraph 13 of the Settlement Agreement is hereby omitted, and the
following substituted in its place:
13. Albertson's agrees to give Cardivan a credit against the license
fees it has paid to Albertson's on account of the 15 Las Vegas
stores, from the time that Raley's took possession until
Feb. 1, 2000, ("Paid License Fees") to the extent the Paid
License Fees exceed the amount that United agreed to pay to
Raley's. (The amount of excess is approximately RCT per
device per month reflecting a payment for the Southern Nevada
stores of RCT per device per month which amount constitutes
the total amount of lost fees that Raley's would have received
from United for all devices in Nevada.) This credit shall
automatically be reduced, and may be reduced to zero, by a) the
amount of the Paid License Fees, if any, that a court orders
that Raley's is entitled to; and/or by b) the amount of the
Paid License Fees, if any, that Albertson's, and Cardivan agree
should be paid to Raley's. This credit shall not be given
until both the Action and United Coin v. Cardivan, Albertson's,
et al. filed in District Court, Xxxxx Co., Nevada, are dismissed
or otherwise finally adjudicated.
2. In all other respects, the Settlement Agreement remains unchanged
and in full force and effect.
ALBERTSON'S INC. JACKPOT ENTERPRISES INC.
By: /s/ Xxxxxxx X. Xxxx By: /s/ Xxx X. Xxxxxxxxx
_________________________________ __________________________
Name: Xxxxxxx X. Xxxx Name: Xxx X. Xxxxxxxxx
Title: Vice President, Litigation Title: President and Chief
and Regulatory Affairs Executive Officer
AMERICAN DRUG STORES INC. CARDIVAN COMPANY
By: /s/ Xxxxxxx X. Xxxx By: /s/ Xxxxxx Xxxxxxx
__________________________________ __________________________
Name: Xxxxxxx X. Xxxx Name: Xxxxxx Xxxxxxx
Title: Vice President Title: President
LUCKY STORES INC. CORRAL UNITED INC.
By: /s/ Xxxxxxx X. Xxxx By: /s/ Xxxxxx Xxxxxxx
__________________________________ __________________________
Name: Xxxxxxx X. Xxxx Name: Xxxxxx Xxxxxxx
Title: Vice President Title: President
