Common use of Equipment and Service Clause in Contracts

Equipment and Service. (A) Pepsi shall place Equipment based upon Pepsi’s survey of the Customer’s needs and as agreed to with the Customer, and shall have the right to replace all current beverage vending, retail and dispensing equipment located at the Facilities that is not identified as equipment of Pepsi with Equipment owned by Pepsi. Pepsi shall be allowed to place and maintain Vending Machines in optimal locations at the Facilities during the Term as agreed to with the Customer. Notwithstanding the foregoing, Pepsi reserves the absolute right to remove any glass front Vending Machines that sells less than eight (8) cases of Product per week or any other Vending Machines that sells less than two (2) cases of Product per week. (B) Pepsi or one of its subsidiaries or affiliates shall retain ownership in and title to all Equipment. (C) The Equipment may not be removed from the Facilities without Pepsi’s written consent, and the Customer agrees not to encumber the Equipment in any manner or permit other equipment to be attached thereto except as authorized by Pepsi in writing. At the end of the Term, Pepsi shall have the right to, and shall upon request of the Customer, remove all Equipment from the Facilities at no expense to the Customer. (D) Pepsi will provide, at no charge to the Customer, preventative maintenance and service to the Equipment. Pepsi’s service of the Equipment will be provided during normal school hours, and Pepsi will not be obligated to provide service during periods in which it is prevented from doing so due to strikes, civil disturbances, unavailability of parts or other causes beyond the control of Pepsi, and shall not be liable for damages of any nature arising out of delays in rendering service. (E) Pepsi shall be responsible for collecting, for its own account, all cash monies from the Vending Machines and for all related accounting for all cash monies collected therefrom. Customer agrees to provide reasonable assistance to Pepsi in apprehending and prosecuting vandals. Pepsi shall not be obligated to pay Commissions on documented revenue losses resulting from vandalism or theft of Product with respect to any Vending Machines.

Equipment and Service. (A) Pepsi shall place Equipment based upon Pepsi’s survey of the Customer’s needs and as agreed will loan to with the Customer, and shall have at no charge, appropriate Equipment for dispensing the right to replace all current beverage vending, retail and dispensing equipment located Products at the Facilities that is not identified as equipment and will have the exclusive right to install Equipment throughout the Facilities, based on Customer’s input and recommendation and Pepsi’s surety of Pepsi with Equipment owned by PepsiCustomer’s needs. Pepsi shall be allowed will have the further right to install additional Equipment in buildings and facilities acquired and/or constructed by the Customer after the date of this Agreement. Pepsi will place and maintain Vending Machines in optimal Equipment at mutually agreed upon locations at throughout the Facilities during the Term as agreed to with the CustomerFacilities. Notwithstanding the foregoing, Pepsi reserves the absolute right to remove any glass front Vending Machines that sells less than eight (8) cases of Product per week or any other Vending Machines that sells less than two (2) cases of Product per week. Pepsi shall install Equipment at its sole expense, except where otherwise prescribed by law. Pepsi shall have the right to place full trademark panels on all sides of its Equipment. The Customer will not permit the operation of any other equipment used for the sale of Beverages at the Facilities without the prior written consent of Pepsi. Customer agrees that the Equipment shall be exclusively used to display and merchandise the Products, and the Customer will not use the Equipment to display, stock, advertise, sell or maintain any Competitive Products (including on the exterior of the Equipment). (B) Pepsi or one of its subsidiaries or affiliates shall retain ownership in and title to all Equipment. (C) The Equipment may not be removed from the Facilities without Pepsi’s written consent, and the Customer agrees not to encumber the Equipment in any manner or permit other equipment to be attached thereto except as authorized by Pepsi in writing. At the end Upon expiration or termination of the Termthis Agreement, Customer will allow Pepsi shall have the right to, and shall upon request of the Customer, remove to pick up all Equipment from and the Facilities at no expense parties shall work together to the Customercoordinate a pick-up schedule. (D) Pepsi will provide, at no charge to the Customer, preventative maintenance and service to the Equipment. Pepsi’s service of the Equipment will be provided during normal school hours, and Pepsi will not be obligated to provide service during periods in which it is prevented from doing so due to strikes, civil disturbances, unavailability of parts or other causes beyond the control of Pepsi, and shall not be liable for damages of any nature arising out of delays in rendering service. (E) Pepsi shall will be responsible for collecting, for its own account, all cash monies from the Vending Machines and for all related accounting for all cash monies collected therefrom. Customer agrees to provide reasonable assistance to Pepsi in apprehending and prosecuting vandals but shall not be contractually responsible for the apprehending or prosecuting of vandals. Pepsi shall will not be obligated to pay Commissions on documented revenue losses resulting from vandalism or theft of Product with respect to any Vending Machines.

Equipment and Service. (A) Pepsi shall place Equipment based upon Pepsi’s survey of the Customer’s needs and as agreed will loan to with the Customer, and shall have at no charge, appropriate Equipment for dispensing the right to replace all current beverage vending, retail and dispensing equipment located Products at the Facilities that is not identified as equipment of Pepsi with and will have the exclusive right to install Equipment owned by Pepsithroughout the Facilities. Pepsi shall be allowed will have the further right to install additional Equipment in buildings and facilities acquired and/or constructed by the Customer after the date of this Agreement. Pepsi will place and maintain Vending Machines in optimal Equipment at mutually agreed upon locations at throughout the Facilities during the Term as agreed to with the CustomerFacilities. Notwithstanding the foregoing, Pepsi reserves the absolute right to remove any glass front Vending Machines that sells less than eight (8) cases of Product per week or any other Vending Machines that sells less than two (2) cases of Product per week. Pepsi shall install Equipment at its sole expense, except where otherwise prescribed by law. Pepsi shall have the right to place full trademark panels on all sides of its Equipment. The Customer will not permit the operation of any other equipment used for the sale of Beverages at the Facilities without the prior written consent of Pepsi. Customer agrees that the Equipment shall be exclusively used to display and merchandise the Products, and the Customer will not use the Equipment to display, stock, advertise, sell or maintain any Competitive Products (including on the exterior of the Equipment). (B) Pepsi or one of its subsidiaries or affiliates shall retain ownership in and title to all Equipment. (C) The Equipment may not be removed from the Facilities without Pepsi’s written consent, and the Customer agrees not to encumber the Equipment in any manner or permit other equipment to be attached thereto except as authorized by Pepsi in writing. At the end Upon expiration or termination of the Termthis Agreement, Customer will allow Pepsi shall have the right to, and shall upon request of the Customer, remove to pick up all Equipment from and the Facilities at no expense parties shall work together to the Customercoordinate a pick- up schedule. (D) Pepsi will provide, at no charge to the Customer, preventative maintenance and service to the Equipment. Pepsi’s service of the Equipment will be provided during normal school hours, and Pepsi will not be obligated to provide service during periods in which it is prevented from doing so due to strikes, civil disturbances, unavailability of parts or other causes beyond the control of Pepsi, and shall not be liable for damages of any nature arising out of delays in rendering service. (E) Pepsi shall will be responsible for collecting, for its own account, all cash monies from the Vending Machines and for all related accounting for all cash monies collected therefrom. Customer agrees to provide reasonable assistance to Pepsi in apprehending and prosecuting vandals. Pepsi shall will not be obligated to pay Commissions on documented revenue losses resulting from vandalism or theft of Product with respect to any Vending Machines.

Equipment and Service. (A) Pepsi shall place Equipment based upon Pepsi’s survey of the Customer’s needs and as agreed will loan to with the Customer, and shall have at no charge, appropriate Equipment for dispensing the right to replace all current beverage vending, retail and dispensing equipment located Products at the Facilities that is not identified as equipment of Pepsi with and will have the exclusive right to install Equipment owned by Pepsithroughout the Facilities. Pepsi shall be allowed will have the further right to install additional Equipment in buildings and facilities acquired and/or constructed by Customer after the date of this Agreement. Pepsi will place and maintain Vending Machines in optimal Equipment at mutually agreed upon locations at throughout the Facilities during the Term as agreed to with the CustomerFacilities. Notwithstanding the foregoing, Pepsi reserves the absolute right to remove any glass front Vending Machines that sells less than eight (8) cases of Product per week or any other Vending Machines that sells less than two (2) cases of Product per week. Pepsi shall install Equipment at its sole expense, except where otherwise prescribed by law. Pepsi shall have the right to place full trademark panels on all sides of its Equipment. The Customer will not permit the operation of any other equipment used for the sale of Beverages at the Facilities without the prior written consent of Pepsi. Customer agrees that the Equipment shall be exclusively used to display and merchandise the Products, and Customer will not use the Equipment to display, stock, advertise, sell or maintain any Competitive Products (including on the exterior of the Equipment). (B) Pepsi or one of its subsidiaries or affiliates shall retain ownership in and title to all Equipment. (C) The Equipment may not be removed from the Facilities without Pepsi’s written consent, and the Customer ▇▇▇▇▇▇▇▇ agrees not to encumber the Equipment in any manner or permit other equipment to be attached thereto except as authorized by Pepsi in writing. At the end Upon expiration or termination of the Termthis Agreement, Customer will allow Pepsi shall have the right to, and shall upon request of the Customer, remove to pick up all Equipment from and the Facilities at no expense parties shall work together to the Customercoordinate a pick- up schedule. (D) Pepsi will provide, at no charge to the Customer, preventative maintenance and service to the Equipment. Pepsi’s service of the Equipment will be provided during normal school hours, and Pepsi will not be obligated to provide service during periods in which it is prevented from doing so due to strikes, civil disturbances, unavailability of parts or other causes beyond the control of Pepsi, and shall not be liable for damages of any nature arising out of delays in rendering service. (E) Pepsi shall will be responsible for collecting, for its own account, all cash monies from the Vending Machines and for all related accounting for all cash monies collected therefrom. Customer agrees to provide reasonable assistance to Pepsi in apprehending and prosecuting vandals. Pepsi shall will not be obligated to pay Commissions on documented revenue losses resulting from vandalism or theft of Product with respect to any Vending Machines.