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FIRST AMENDMENT

This first amendment agreement, made and entered into effective as of. July 21, 2008 (the "First
Amendment"), 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 member
of the Texas A&M University System, an agency of the State of Texas All capitalized terms not defined
herein 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 forth
herein 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 exchang~ for the'rights granted under this Agreement, Company
agrees to pay TAMU-CC an aggregate of Two Hundred Forty Thousand Dollars ($240,000) for
the 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 Twenty
Thousand Dollars ($120,00QY The remaining Annual Fees will be paid in three (3) equal annual
installments of Forty Tho~sand Dollars ($40,000) and will be due on or before September 30 of
each of Agreement Years Four through Six.~ TAMU-CC will provide an invoice to Company at
. least thirty (30) days prior to the due dates for the remaining payments for Agreement Years Four
through Six. Regardless of when paid, the Annual Fees shall be deemed earned evenly on a
monthly 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 exceed
Eighteen 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 payable
within thirty (30) business days after this First Amendment is fully executed by the parties. The
amount Company invests in the scoreboards shall be deemed earned evenly over Agreement
Years 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 FITNESS
FOR INTENDED USE, AND COMPANY SHALL NOT BE LIABLE FOR CONSEQUENTIAL, IN­
CIDENTAL OR INDIRECT DAMAGES. During the entire Term, and upon expiration or termination
of 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 February
15,2011.
D. Effective as of the date this First Amendment is fully executed by the parties, Exhibit B (1) of the
Agreement is hereby amended by deleting such exhibit in its entirety and replacing it with the fol­
lowing:

EXHIBIT B (1)

Full-Service Commissions

Company shall pay commissions at a rate of twenty-eight percent (28%) for the following Prod­
ucts.

Product Vend Price


12 oz. carbonated (excluding Enviga) $0.75
20 oz. bottles (carbonated/Nestea $1.25
20 oz. Dasani $1.25
20 oz. Minute Maid Juices $1.25
20 oz. Minute Maid Refreshment $1.25
16 oz. Full Throttle $2.25

Commissions are paid based upon cash collected, after deducting taxes, deposits, recycling fees,
other government-mandated fees, communication charges and credit and debit card fees, if any.
Commissions shall not be payable on any sales from vending machines not filled or serviced ex­
clusively by Company. Company may adjust the vend prices as necessary to reflect changes in
its costs, including cost of goods. Commissions will be paid each month following the month in
which they are earned, with an accounting of all sales and monies in a form reasonably satisfac­
tory to the TAMU-CC, and shall become immediate property of TAMU-CC.

E. Except as modified herein, aiL other terms and conditions of the Agreement shall remain in full
force and effect. In the event -bf a conflict betWeen this First Amendment and the Agreement, this
First Amendment shall control. Each party represents, warrants and covenants to the other as
follows: '

1. Authority. It has full power and authority to enter into this First Amendment and to grant
and convey the rights set forth herein.

2. Binding Obligation. All necessary approvals for the execution, delivery and performance
of this First Amendment by it have been obtained, and this First Amendment has been
duly executed and delivered by it and constitutes the legal and binding obligation of it en­
forceable in accordance with its terms.

IN WITNESS WHEREOF, the undersigned have caused this First Amendment to be duly exe­

company~
By: ~
¥
cuted as of the date first above written.

TAMU-CC:

BY:_ _ ~~~~V::..:......-_-- ----l


Printed Name: Bobby Skloss Printed Name: Robert Lovitt

Title: Director, MU On-Premise Title: Executive Vice President Finance & Admin.

Date: _ _ 5r-!,-+-I-=-O-b2':,
, /
_ Date: Q/2sjt;S
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