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continuing through the end of the Term. The intent of
this support is to provide financial support to aid in
the development of marketing programs that provide
mutual benefit to both the Customer and Pepsi-Cola, and
to support the costs associated with the Customer's
compliance with marketing requirements outlined in the
Performance paragraph below.
The Marketing Funds will be deemed to be earned only if
the Customer is in full compliance with all of the
requirements set forth in the Performance Paragraph
below for that entire Year. Should the Customer fail
to comply with any of the Performance Requirements
during the Term, the Customer agrees that in addition
to the forfeiture of any funding for the second 6-month
period, the Customer shall immediately repay to Pepsi-
Cola all of the funds paid to the Customer, by Pepsi-
Cola, for the first 6-month period of that Year.
[Emphasis added.]
In exchange for the right to receive the flex and marketing
funds, the theater company agreed to the following performance
criteria (which dealt with obligations to exclusively purchase,
sell, and advertise Pepsi-brand products):
PERFORMANCE
This Agreement, including all of Pepsi-Cola's support
to the Customer as described above [the flex funds and
the marketing funds], is contingent upon the Customer's
complying with all of the following performance
criteria, with which the Customer hereby agrees to
comply with as follows:
1. The Customer agrees that exclusively Pepsi-Cola
supplied Soft Drink Products shall be served
throughout the Term of this Agreement in each of
the Customer's outlets: Pepsi-Cola, Diet Pepsi-
Cola, Caffeine Free Diet Pepsi, Mountain Dew,
Lemon Lime Slice, Mandarin Orange Slice, Wild
Cherry Pepsi and Dr. Slice.
2. The Customer shall purchase only Pepsi-Cola
supplied, Pepsi brand identified paper cups. If
the Customer chooses to design a custom cup, at
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Last modified: May 25, 2011