LICENSOR] FORM OF DR PEPPER FOUNTAIN CONCENTRATE AGREEMENT
Exhibit
10.10
[LICENSOR]
FORM OF XX XXXXXX FOUNTAIN CONCENTRATE AGREEMENT
FORM OF XX XXXXXX FOUNTAIN CONCENTRATE AGREEMENT
BY THIS AGREEMENT, [Licensor], Plano, Texas (“Company”) does hereby grant to the undersigned
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(“Grantee”) the non-exclusive right to manufacture XX XXXXXX fountain syrup,
prepared according to specifications furnished by Company from XX XXXXXX fountain concentrate
acquired from Company, and to package, sell and distribute under the XX XXXXXX trademark such syrup
in Transfer Tanks, in five-gallon bag-in-box containers, and in one gallon containers only, as
approved by Company and no other, only in the territory set out in the Xx Xxxxxx Bottler’s License
Agreement No. ______ and not elsewhere. Company reserves the right to manufacture and sell XX
XXXXXX fountain syrup in any form directly to any customer within said territory and the right to
appoint others to do so. Company agrees to exercise the right to manufacture and sell Xx Xxxxxx
fountain syrup in any form directly to any customer only in the event that (1) any customer in the
Territory refuses to take delivery from Grantee, or Grantee refuses to provide delivery to any
customer in the Territory.
Company will sell XX XXXXXX fountain concentrate to Grantee. Grantee hereby further agrees:
1. To use only those containers, bags, boxes, pumps, tubing/fittings, labels and closures
approved by Company in the packaging of said syrup.
2. To maintain a production facility in full compliance with all pure food, sanitation and
public health laws. In the event that Grantee is asked to manufacture Xx Xxxxxx products for or on
behalf of any other Xx Xxxxxx licensee, and/or in the event Grantee is asked to produce Xx Xxxxxx
concentrate or syrup for any other Xx Xxxxxx licensee, then in any such event Grantee shall report
that request to Company as soon as possible, and in any event by no later than one week after such
request is made of Grantee, and in no event may Grantee produce or ship Xx Xxxxxx concentrate to
any other Xx Xxxxxx licensee without Company’s prior written consent. Company reserves the right
to determine, in its sole and absolute discretion, whether and when to approve or consent to allow
Grantee to manufacture Xx Xxxxxx products or concentrate for any other licensed Xx Xxxxxx bottler,
and Company reserves the right in its sole and absolute discretion to determine any terms or
conditions pursuant to which or upon which any such consent may be conditioned or contingent. In
the event that Grantee should decide or determine for any reason that it will stop manufacturing or
producing any Xx Xxxxxx trademarked product, including Xx Xxxxxx concentrate and syrup, then in any
such event Grantee shall provide to Company written notification at least six months prior to the
date on which Grantee will stop such manufacturing or producing.
3. To allow Company personnel to inspect from time to time all production facilities and all
materials used in connection with this Agreement.
4. To furnish Company, at Grantee’s expense, samples of the finished fountain syrup from time
to time as required by Company.
5. Not to sell XX XXXXXX fountain syrup to any purchaser for sale or distribution by such
purchaser outside of the territory set out in the said Xx Xxxxxx Bottler’s License Agreement,
without prior written approval from Company.
6. That, except where this Agreement contains different terms, to abide by all of the terms
and conditions of said Xx Xxxxxx Bottler’s License Agreement.
Any violation of any of the above terms shall be sufficient cause for Company to cancel this
Agreement immediately. In addition, Company may also cancel this Agreement at any time and for any
or no reason upon three (3) months prior written notice. In the event that sufficient cause does
not exist which would otherwise entitle the Company to invoke its right to cancel the Agreement
immediately, the cancellation shall be effective on the ninety-first (91st) day
following the Company’s mailing or sending of its written notice of termination.
Notwithstanding the foregoing, any termination of the said Xx Xxxxxx Bottler’s License
Agreement shall operate to terminate this Agreement effective automatically and at the same time as
the termination of the said Xx Xxxxxx Bottler’s License Agreement. However, this Agreement may be
terminated, with or without sufficient cause, without terminating the said Xx Xxxxxx Bottler’s
License Agreement.
WITNESS THE HANDS in duplicate of the parties this ___day of _______________, 20___.
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