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TEXAS 3 STATE, UNIVERSITY SAN MARCOS The rising STAR of Texas August 25, 2008 VIA EMAIL, Daniel Monahan Dear Mr. Monahan: 1 have attached the records you requested, the cursent University contract with the Coca-Cola Company. The department that furnished the contract requested payment at 10 per page, $6.10. Please forward that to our office at your earliest convenience. I will forward it to the appropriate department Unless there is any additional information you requir, I will consider the Open Records Request completed. Sincerely, Ebb Cots Ellen M. Coke, Paralegal to William L. Fly, University Attorney Enclosure: as stated above UNIVERSITY ATTORNEY (601 University Drive | San Marcos, ‘Fexas 78666-4615. phon: 512.245 2530 | fe $12.245.9695 | WNW: TXSTATE.EDU Tisai a lesan comanicton fra Texas State Universi San Maro, a vbr of The Text State University Sto, SPONSORSHIP AGREEMENT This agreement (the "Agreement’) is made by and among The Coca-Cola Company, a Delaware corporation (the "Company'), Austin Coca-Cola Bottling Company, a Texas corporation (the "Bottler") (Bottler and Company are sometimes Jointly referred to herein as "Sponsor"), and Board of Regents, Texas State University System, on behalf of Southwest Texas State University, a not-for-profit corporation incorporated under the laws of Texas and located in San Marcos, Texas (the "University"). The parties are entering into this exclusive sponsorship agreement because the University wishes to grant to Sponsor, and Sponsor wishes to obtain, the exclusive rights (i) to offer Beverages for sale or sampling on the Campus and (i) to market and associate Beverages with the University and to promote their consumption and sale generally and on the Campus, In consideration of the mutual promises contained here, the parties agree to the following terms regarding their exclusive sponsorship agreement. a Term. This Agreement takes effect on June 1, 1997 (the "Effective Date") and expires on May 31, 2007, unless (i) mutually extended under the terms hereof or by written agreement of the parties or (ii) sooner terminated as provided herein (the "Term") After the end of the initial term, the parties may renew this Agreement for three (3) one (1) year periods. The parties must agree upon such renewals at least one hundred and eighty (180) days before the end of the initial term or any renewal. 2. Definitions. All defined terms used in this Agreement and not otherwise defined will have the meanings set forth on Exhibit 2. 3. Beverage Availability Rights. 3.1 Subject to Section 5, University agrees that all Beverages sold, distributed, served or sampled in connection with the University and the Teams, and at all locations on the Campus where refreshments are sold, distributed, served or sampled, will be Products. University agrees that it will, and will cause its, concessionaires to, purchase its and their complete requirements of Products, and Approved Cups and carbon dioxide for Beverages, for the {LE971470.052] 3.2 3.3 34 3.5 3.6 37 Campus from Bottler (either directly or as Company's agent). Sponsor and University agree that, at a minimum, the following Products will be available at each refreshment location: Coca-Cola classic (or Coke), diet Coke, and Sprite. Subject to Section 5, no Competitive Products will be made available, advertised, or promoted on Campus. The Products available as of the Effective Date are listed on the attached Exhibit 3.1 University will make @ reasonable effort to maximize the sale and distribution of Products on Campus, including the sale of Products in Approved Cups. Company's current Approved Cup is attached as Exhibit 3.2. The Company acknowledges that University may elect to make Products available in plastic, reusable souvenir cups. Such cups shall be considered as Approved Cups provided that (i) the Company's trademarks are featured on not less than fifty percent (50%) of the surface area of such cups and (ji) the ‘Company has approved the design of such cups. University will promote the sale of Products by causing Products to be hawked in stands in Approved Cups and plastic bottles (currently twenty- ounce) at all sporting events and during all events when any items of any make or description are hawked on the Campus. University will use the Products and trademarked items provided by Bottler as set forth in Section 6.4. During the Term, Bottler has the exclusive right to operate a full service Beverage vending service on Campus and, in connection therewith, agrees to abide by the provisions of Exhibit 3.5 below. During Agreement Years one through four of the Term, University is entitled to purchase post-mix syrup for fountain Products from Company or Bottler at the price of Four Dollars and Fifty Cents ($4.50) per gallon. During Agreement Years five through ten, University is entitled to purchase post-mix sytup for fountain Products from Company or Bottler each Agreement Year at the percentage discounts shown on the attached Exhibit 3.6 from the Company's standard chain prices to its national account customers (the “National Account Price") in effect during such Agreement Year, In addition, during the Term, University is entitled to purchase Approved Cups and lids at the prices shown on Exhibit 3.6. If any of the facilities listed on Exhibit 7, or any future facilities from which Beverages are served and which hereafter become part of the Campus, are converted to a facility operated by a third party for commercial purposes unrelated to the University's mission under a long-term land lease from the University, then University shall require any lessee thereof to comply with the