99-151 Ordinance - Laserfiche WebLink

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? {k agrees that it may reasonablyicrease said retail price of Full Service 'ucts in years three (3) and six (6) of this Agreement as to stay within market pricing standards. 7. Clevetand Coke shall also piace Pre-Mix Fountain units and/or Merchandising Coolers in concession stands and the like throughout the facilities and properties. Rather than receiving a commission, The City shall pay a fixed price (to be adjusted from time to time in accordance with Cleveland Coke's pricing standards) for tanks for Pre-Mix or any CanBottle products, and sha11 than retain all proceeds from the sale of such products. The City agrees to purchase Coca-Cola trademark cups and CO Z directly from Coca-Cola in situations needed. 8. This Agreement shail be for a term of ten (IO) years beginning G , 1999. 9. Cleveland Coke has the Right of First Refusal to match or better any offer on any renewal upon expiration of this Agreement and any other agreements The City may enter into for soft drink related pouring rights in any new facilities. 10. If any of the advertising rights granted to Cleveland Coke herein intentionally and materially are restricted or limited or not complied with during the Term, and such restriction, limitation, or non-compIiance continues thirty (30) days after The City receives from Cleveland Coke notice with respect thereto, then unless, in any of such instances such discontinuation, restriction, limitation or non-compliance occurs in connection with the remodeling of any of the facilities, Cleveland Coke, three (3) business days after The City receives fram C1eveland Coke additional notice, may elect, at its option, but not as its sole remedy, to: (a) Terniinate this Agreement, and the parties shall be released from any and a11 liabilities otherwise thereafter accruing hereunder; or (b) Adjust in good faith The City fee structure for the then remaining portion of the Term, as hereinbelow provided and The City shall in accordance with law, pay to Cleveland Coke a pro rate refund on any unearned portion of the up-front funding. For the purpose of this calculation, one-tenth (1/10) of the up-front funding shall be deemed earned for each fuil year of performance and compliance under this Agreement to reflect the diminution vf the value of the rights for that Agreement granted hereunder to Cleveland Coke; provided, however, that so Iong as The City shall cantinue to exercise in good faith eff'orts to cure the foregoing discontinuation, restriction, Iimitation, or non-compliance, Cleveland Coke may not pursue either of the foregoing, or any other available, remedies. 11. In the event that Cleveland Coke etects to exercise its right to such Adjustment and refund ("Adjustment"), The City may, at its option, within ten (10) days follawing receipt of any Adjustment, notify Cleveland Coke of its disagreement with the amount of the Adjustment. Tf the parties cannat, after good faith negotiations, resolve the matter, then Cleveland Coke may exercise the right of ternunation described in paragraph 10 (a) above. ?.,. . ?_.. ?'