0001193125-08-208074 Sample Contracts

License and Distribution Agreement between Keurig, Incorporated and Diedrich Coffee, Inc.
License and Distribution Agreement • October 8th, 2008 • Diedrich Coffee Inc • Retail-food stores • Massachusetts

This License and Distribution Agreement (this “Agreement”) made as of the 29th day of July, 2003 by and between Keurig, Incorporated, a Delaware corporation with its principal executive offices located at 101 Edgewater Drive, Wakefield, Massachusetts 01880 (“Keurig”), and Diedrich Coffee, Inc., a Delaware corporation with its principal executive offices located at 2144 Michelson Drive, Irvine, CA 92612 (“Diedrich”) Diedrich amends and restates the License Agreement between Keurig and Diedrich dated as of March 13, 2000.

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AMENDMENT TO LICENSED ROASTER K-CUP SALES AGREEMENT
Licensed Roaster K-Cup Sales Agreement • October 8th, 2008 • Diedrich Coffee Inc • Retail-food stores • Massachusetts

This Amendment to Licensed Roaster K-Cup Sales Agreement (this “Amendment”) is made and effective as of the 30th day of September, 2006 by and between Keurig, Incorporated, a Delaware corporation with its principal executive offices located at 101 Edgewater Drive, Wakefield, Massachusetts 01880 (“Keurig”), and Diedrich Coffee, Inc., a Delaware corporation with its principal executive offices located at 2144 Michelson Drive, Irvine, CA 92612 (“Roaster”).

AMENDMENT TO LICENSE AND DISTRIBUTION AGREEMENT
License and Distribution Agreement • October 8th, 2008 • Diedrich Coffee Inc • Retail-food stores

This Amendment to License and Distribution Agreement (this “Amendment”) is made and effective as of August 31, 2005 by and between Keurig, Incorporated, a Delaware corporation (“Keurig”), and Diedrich Coffee, Inc., a Delaware corporation (“Diedrich”). Capitalized terms used in this Amendment without definition shall have the respective meanings ascribed to such terms in that certain License and Distribution Agreement dated as of July 29, 2003 by and between Keurig and Diedrich, as amended (as so amended, the “License Agreement”).

LICENSED ROASTER K-CUP SALES AGREEMENT
Licensed Roaster K-Cup Sales Agreement • October 8th, 2008 • Diedrich Coffee Inc • Retail-food stores • Massachusetts

This Licensed Roaster K-Cup Sales Agreement (this “Agreement”) is made as of the 22nd day of October, 2004 by and between Keurig, Incorporated, a Delaware corporation with its principal executive offices located at 101 Edgewater Drive, Wakefield, Massachusetts 01880 (“Keurig”), and Diedrich Coffee, Inc., a Delaware corporation with its principal executive offices located at 28 Executive Park, Suite 200, Irvine, California 92614 (“Roaster”).

WAIVER AND AMENDMENT TO LICENSE AND DISTRIBUTION AGREEMENT
License and Distribution Agreement • October 8th, 2008 • Diedrich Coffee Inc • Retail-food stores • Massachusetts

This Waiver and Amendment to License and Distribution Agreement (this “Amendment”) is made and effective as of July 2, 2008 by and between Keurig, Incorporated, a Delaware corporation (“Keurig”), and Diedrich Coffee, Inc., a Delaware corporation (“Diedrich”). Capitalized terms used in this Amendment without definition shall have the respective meanings ascribed to such terms in that certain License and Distribution Agreement dated as of July 29, 2003 by and between Keurig and Diedrich, as amended (as so amended, the “License Agreement”).

AMENDMENT TO LICENSE AND DISTRIBUTION AGREEMENT
License and Distribution Agreement • October 8th, 2008 • Diedrich Coffee Inc • Retail-food stores

This Amendment to License and Distribution Agreement (this “Amendment”) is made and effective as of August 31, 2005 by and between Keurig, Incorporated, a Delaware corporation (“Keurig”), and Diedrich Coffee, Inc., a Delaware corporation (“Diedrich”). Capitalized terms used in this Amendment without definition shall have the respective meanings ascribed to such terms in that certain License and Distribution Agreement dated as of July 29, 2003 by and between Keurig and Diedrich, as amended (as so amended, the “License Agreement”).

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