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FIRST AMENDMENTThis first amendment agreement, made and entered into effective
as
of. July
21,
2008 (the "FirstAmendment"),
is
to
amend that certain Sponsorship Agreement dated effective February 16, 2005 (the"Agreement"), between Coca-Cola Enterprises Inc. d/b/a Coca-Cola Bottling Company of the Southwest,a Delaware corporation ("Company"), and Texas
A&M
University -Corpus Christi ("TAIVlU-CC), a memberof the Texas A&M University System,
an
agency of the State of Texas
All
capitalized terms not definedherein shall have the meanings ascribed
to
them
in
the Agreement.WITNESSETH:WHEREAS, the initial term of the Agreement commenced effective February
16,
2005 and
is
scheduled to end February
15,
2010 ("Initial Term"); and .WHEREAS, the parties
to
the Agreement wish to extend the Term of the Agreement
as
set forthherein upon the same terms and conditions plus the additional amended terms
and
conditions set forth
in
this First Amendment.
NOW
THEREFORE,
in
consideration of the proMises made herein, the parties hereto agree
as
follows:
A.
Section
8.1
of the Agreement
is
hereby amended by deleting such section
in
its
entirety and replacing it with the following:
8.1
Annual Fees.
In
e x c h a n g ~
 
for the'rights granted under this Agreement, Companyagrees
to
pay TAMU-CC
an
aggregate of Two Hundred Forty Thousand Dollars ($240,000) forthe entire Term (the "Annual Fees"). Company has paid Forty Thousand Dollars ($40,000)
to
/
TAMU-CC for each of Agreement Years One through Three, for a total of One Hundred TwentyThousand Dollars
($120,00QY
The remaining Annual Fees will
be
paid
in
three (3) equal annualinstallments of Forty
T h o ~ s a n d
 
Dollars ($40,000)
and
will be due
on
or before September
30
ofeach of Agreement Years Four through
S i x . ~
 
TAMU-CC will provide
an
invoice
to
Company at. least thirty (30) days prior to the due datesfor the remaining payments for Agreement Years Fourthrough Six. Regardless of when paid, the Annual Fees shall
be
deemed earned evenly
on
amonthly basis over the Agreement Year for which they are paid.
B.
Section 8.7 of the Agreement
is
hereby amended by adding the following new subsection:8.7. Scoreboard Funding. Company agrees
to
pay TAMU-CC a total amount not
to
exceedEighteen Thousand Dollars ($18,000) for the purchase
and
installation of 1 scoreboards (the"Scoreboard Funding"),
to
be
placed at the Campus. The Scoreboard Funding shall
be
payablewithin thirty (30) business days after this First Amendment
is
fully executed by the parties. Theamount Company invests
in
the scoreboards shall
be
deemed earned evenly over AgreementYears Four through Six. THE PROVISION OF'THE SCOREBOARDS ARE
ON AN
liAS IS" BASIS. COMPANY HEREBY DISCLAIMS ANY AND
ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THOSE
OF
MERCHANTABILITY AND FITNESSFOR INTENDED USE, AND COMPANY SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL
OR
INDIRECT DAMAGES. During the entire Term,
and
upon expiration
or
terminationof the Agreement, TAMU-CC retains ownership of the scoreboards.
C.
Section
13.1
of the Agreement
is
hereby amended
by
deleting such section
in
its
entirety
and
replacing
it
with the following:
13.1
Extension
of
Contract Term. The parties hereby agree that the term of the agreement
as
defined
in
13.1
Term,
is
amended
to
extend the contract for one year, terminating
on
February15,2011.
of 00

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