0001193125-05-179791 Sample Contracts

FIRST AMENDMENT TO ASSET PURCHASE AGREEMENT
Asset Purchase Agreement • September 2nd, 2005 • Tullys Coffee Corp • Retail-eating places

This First Amendment to Asset Purchase Agreement (this “Agreement”) is entered into as of August 31, 2005 (the “Effective Date”) by and between Tully’s Coffee Japan Co., Ltd., a corporation organized under the laws of Japan (“Buyer”), and Tully’s Coffee Corporation, a Washington corporation (“Seller”). Each of Buyer and Seller is a “Party” and together, the “Parties.”

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TERMINATION OF AGREEMENT BETWEEN TULLY’S COFFEE AND GUARANTORS RE KENT CENTRAL FINANCING
Termination Agreement • September 2nd, 2005 • Tullys Coffee Corp • Retail-eating places • Washington

THIS AGREEMENT is entered into this 15th day of August, 2005, between TULLY’S COFFEE CORPORATION, a Washington corporation (the “Company”) and MARC EVANGER (“Evanger”); RON NEUBAUER (“Neubauer”); KEVIN FORTUN (“Fortun”); TOM T. O’KEEFE (“O’Keefe”); RICHARD PADDEN (“Padden”); GEORGE HUBMAN (“Hubman”) and LARRY HOOD (“Hood”) (individually, a “Guarantor,” and collectively, the “Guarantors”).

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