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UNT UNIVERSITY OF NORTH-TEXAS SYSTEM OFFICE OF GENERAL COUNSEL September 15, 2008 Daniel Monahan 706 W. 22 Street, #301 Austin, Texas 78705 Re: UNT Public Information Request No, 09-003 Dear Mr. Monahan: The University of North Texas System Office of General Counsel is in receipt of your request for information dated September 1, 2008, for information relating to contracts between UNT, UNT System and UNT Dallas and The Coca-Cola Company. Please find enclosed, 45 pages of information responsive to your request. ‘There is no charge to receive copies of this information. If you have any questions regarding this matter, please contact our office at (940) 565- 2717, Thank you. erely, ce A Tina Sikes Public Information Coordinator Enels PO, Box 310907 | Denton, Texas 76203-0907 TEL 940.56 worwnesystemans.ed/generalounsel Trax 940.869.7026 I rry 940.369.8652 SPONSORSHIP AGREEMENT This agreement (the "Agreement’) is made by and among The Coca-Cola Company, a Delaware corporation (the "Company"), Coca-Cola Bottling Company of North Texas, a Delaware corporation (the "Bottler’) (Bottler and Company are ‘sometimes jointly referred to herein as "Sponsor’), and the University of North Texas, an entity of the State of Texas and located in Denton, 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 herein, the parties agree to the following terms regarding their exclusive sponsorship agreement. 1, Term. This Agreement takes effect on the earlier of 1) sixty (60) days afer the date that this Agreement is fully executed or 2) the date on which the University’s current beverage supplier has vacated the Campus (the "Effective Date") and expires ten (10) years after the Effective Date, unless (j) mutually extended under the terms hereof or by written agreement of the parties or (i) sooner terminated as provided herein (the “Term"). The parties may, by mutual agreement, extend the Term for five (5) additional ‘one-year periods on mutually acceptable terms and conditions. University agrees to give Sponsor prompt notice of the date University's current beverage provider is expected to vacate the Campus. 2. Definitions. All capitalized terms used in this Agreement and not otherwise defined will have the meanings set forth on Exhibit 1. 3. Beverage Availability Rights. 3.1 Subject to the permitted exceptions in Section 5, University agrees that all Beverages sold, distributed, or sampled (that is, distributed at no cost), advertised or promoted at all locations on the Campus or in connection with the University and the Teams will be Products. 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, Sprite, and Mr. PiB8. No Competitive Products will be made available, advertised, or promoted on Campus. 3.2. University will purchase from Bottler (for itself or as Company's agent), and Bottler (for itself or as Company's agent) will sell to University for use in University's self-operated dining facilities, all of University's requirements for 3.3 4. 4A post-mix Products at the prices set forth in Exhibit 2. The prices set forth in Exhibit 2 for post-mix Products have been offered to University in reliance on University's representations in Section 11.1.4. University has entered into an agreement with Culinaire ("Culinaire"), a third party concessionaire, to operate University's food court, Comer'convenience store and food carts. University's athletic facilities are currently operated by State Club ("State Club"), a third party concessionaire, For purposes of this Agreement, Culinaire, State Club and any replacement or additional concessionaire are sometimes hereinafter referred to individually as "Concessionairé” and collectively as "Concessionaires" University agrees to cause its Concessionaires to purchase from Bottler (for itself or as Company's agent) all of their Beverage requirements for their Campus operations. The Concessionaires are entitled to purchase post-mix syrup Products for their Campus operations at a price that is not more than the price announced by Company from time to time as its “national account price". The Bottler agrees that the Concessionaires are entitled to purchase Company's Products in bottle/can form for their Campus operations on the same terms and conditions that Bottler offers to simitar customers in the same marketing area buying under similar terms and conditions. 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. A depiction of the current Approved Cup is attached as Exhibit 3. University agrees to purchase, and agrees to cause the Concessionaires to purchase, all of their respective requirements for Approved Cups from Bottler and Bottier will sell Approved Cups to University and Concessionaires at the prices set forth in Exhibit 4. Sponsor agrees that Culinaire may elect to make Products available in a special cup for use in University's food court. Such cups shall be considered Approved Cups provided that (i) the Company's trademarks are featured on the surface area of such cups, (i) the Company and University mutually agree on the design of such cups, and (ii) the Company has approved the technical specifications of such cups. Culinaire will have the right, in the University's food court, to dispense Beverages in Culinaire's current non-branded cups until such time as Company and University develop the special Approved Cup for use in the food court. Marketing Rights. University grants to Sponsor the following promotional rights, which are exclusive to Beverages, to: 4.1.1. Market and promote Beverages in connection with the University, the Campus, and the Teams, including the right to recognition of its sponsorship on panels, as further described on Exhibit 5.