Common use of Additional Performance Criteria Clause in Contracts

Additional Performance Criteria. CCE agrees to place and keep each unit of cold drink equipment acquired by CCE in connection with the Program in place at customer locations as specified in the Annual Plan(s), as well as any existing cold drink equipment currently on location, for a period of at least twelve (12) years from date of placement, unless such equipment is rendered inoperable and cannot be reasonably repaired as the result of mechanical or other similar difficulties, and unless such equipment is temporarily located in refurbishment centers or warehouses pending renewed placement in the ordinary course of business. · During the Program Term, any cold drink equipment which is refurbished by CCE will be refurbished with the trademarks of TCCC, with the exception of presently existing contractually required refurbishments using other trademarks or mutually agreed upon special market conditions. · CCE agrees that a minimum of ***% of CCE's total inventory of Venders and Manual Equipment will be identified only by the trademarks of TCCC. · The parties acknowledge and agree that one of the primary objectives of this Agreement is to increase the total number of units of Venders and Manual Equipment on location in the CCE territories identified in Exhibit A hereto. Accordingly, CCE agrees to provide TCCC with annual reports certifying (1) the number of Venders and Manual units funded under this Agreement which were actually placed at customer locations in the CCE territories identified in Exhibit A hereto during the preceding year and (2) the total number of Venders and Manual units (including units in existing inventory and units not funded under this Agreement) actually on location at the conclusion of such year. · CCE agrees not to sell any used or refurbished Vender with any remaining useful life to any third party during the Term of this Agreement without TCCC's express written consent, except for sales of such Venders to other licensed bottlers of Coca-Cola in the United States. · CCE also agrees that it will establish, maintain and publish for its employees a "Flavor Set Standard" which contains the following minimum average requirements for all Venders and units of Manual Equipment owned by CCE, including the Program Equipment (unless such requirements are legally prohibited): (i) on average all slots except *** in Venders will dispense only products of TCCC and (ii) on average, *** percent (***) of the inventory in any units of Manual Equipment will be products of TCCC. The Flavor Set Standard will specify which of the products of TCCC will be sold in Fast Lane Merchandisers. It is understood by CCE and TCCC that the Flavor Set Standard will apply, on average, to all bottle or can equipment owned by CCE, whether acquired under the Program or otherwise. CCE and TCCC shall review the specific terms of the Flavor Set Standard on an annual basis. Following such review, TCCC shall confirm in writing the terms of the Flavor Set Standard for the applicable calendar year. · To the extent that products other than those of TCCC ("Competitive Products") are dispensed in Venders or Manual Equipment purchased in connection with the TCCC Support Funding, CCE will make a Fair Share payment to TCCC. The Fair Share payment will be calculated and paid annually based on the availability of Competitive Products in cold drink equipment purchased by CCE under the Program in that year. Such payment shall be calculated in the following manner: