AG 2002 03 18 (Regular) - Laserfiche WebLink

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POURING RIGHTS AGREEMENT Cabarrus County Expo Center/Pepsi-Cola Bottling Company This Pouring Rights Agreement ("Agreement") between Cabarrus County, North Carolina, (the "County") and Pepsi-Cola Bottling Company of Charlotte, Inc. ("Pepsi"), a North Carolina corporation with its principal place of business as 2820 South Boulevard, Charlotte, North Carolina 28224,-sets forth the agreement of the parties with respect to the purchase and promotion of Pepsi's beverage products. Exclusive Pouring Rights and Beverage Supplier to be Granted. The County will grant to Pepsi, subject to the terms and conditions hereof, the rights described in this Section (the "Pouring Rights"): The County hereby agrees that throughout the Term, Pepsi shall exclusively provide beverage services to the Cabarms County Expo Center. "Beverages" shall mean (i) all carbonated soft drinks, fruit juices, waters, iced teas and isotonic beverages, plus (ii) all beverage bases (whether in the form of syrups, powders, crystals, concentrates or otherwise) fi:om which such Beverages are prepared. This includes "beverages" sold through vending equipment and coolers in bottles or cans, as well as "beverages" sold through fountain dispensing, equipment in cups. Pepsi may refer to its Products as "The Official Soft Drink of the Cabarrus Expo Center" or a similar, mutually agreeable description. Pepsi' may use any and all such designations in all of its advertising, marketing and packaging. Pepsi will have the right to .advertise the fact that its Products are available at the Cabarrus Expo Center. The County hereby grants to Pepsi the exclusive privilege of advertising Beverages in and on the premises of the Cabarrus Expo Center. This privilege shall include the following: (i) · (ii) (iii) All equipment dispensing Beverages in the Cabarrus Expo Center will carry panels' that advertise Pepsi products and are clearly visible to the purchasing public. Where it is not possible to provide such trademark advertising visible to the public, Cabarrus Expo Center shall otherwise provide for the prominent display of such Point-Of-Sale advertising in a manner and location mutually acceptable to Pepsi and Cabarrus Expo Center. Pepsi products will be prominently listed on the menu boards of all food and refreshment outlets in the Cabarrus Expo Center where Beverages are sold. When sold in cups, Beverages will be s01d in cups bearing mutually approved advertising at all locations in the Cabarrus Expo Center where Beverages are sold or dispensed, including but not limited to locker rooms and players' benches. Any such cup must be used exclusively with Pepsi products and may not be used to dispense, distribute or sell any other Beverage. At least 1/3 of all plastic, souvenir cups purchased for sale within the Cabarrus Expo Center shall bear mutually approved Pepsi advertising.