[LOGO OF COCA COLA USA FOUNTAIN APPEARS HERE]
December 1, 1997
Xx. Xxxxx Xxxxxx
President
Mrs. Xxxxx's Original Cookies, Inc.
000 Xxxx Xxxxxxx Xxxxx
Xxxx Xxxx Xxxx, Xxxx 00000
Dear Xx. Xxxxxx:
This letter will constitute an amendment (the "Amendment") to that certain
amended and restated marketing agreement between Mrs. Xxxxx's Original
Cookies, Inc. ("MFOC") and Coco-Cola USA Fountain ("CCF") dated January 9,
1997 (the "Restated Agreement"). The capitalized terms contained in this
Amendment will have the same meanings set forth in the Restated Agreement
unless otherwise defined herein.
Effective as of the date of execution of this Amendment, the Restated
Agreement is amended to reflect that the Term will end the Letter of
December 31, 2002 or when the MFOC System has purchased the Volume
Commitment of CCF's Fountain Syrups, unless terminated earlier pursuant to
the terms of the Restated Agreement. The Restated Agreement id further
amended to reflect the fact that CCF forgives MFOC's repayment of the
Unearned 1993 Funding which currently amounts to Five Hundred Four Thousand
Dollars ($504,000). Accordingly, the second to the last sentence of Section
4 of the Restated Agreement is deleted in its entirety and the last
sentence of such sections is replaced by the following: "Once the $600,000
advance has been earned, Company will begin to pay any additional funding
earned by the MFOC System to MFOC on a quarterly basis, after the end of
the three month period in which it is earned."
Except as specifically set forth above, the Restated Agreement and the
terms and conditions thereof will remain in full force and effect for the
remainder of the Term. From and after the date of execution of this
Amendment, all references to
Xx. Xxxxx Xxxxxx
December 1, 1997
Page 2
the Restated Agreement shall be deemed to be references to the Restated
Agreement as amended hereby.
Sincerely,
/s/ Xxx Xxxxx
Xxx Xxxxx
Vice President, Field Sales
Accepted and agreed to this 8/th/ day
of Dec, 1997.
XXX. XXXXXX ORIGINAL COOKIES, INC.
By: /s/ Xxxxx Xxxxxx
-------------------------------
Xxxxx Xxxxxx, President
Date:_____________________________
