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HomeMy WebLinkAboutBy-law 2928/88THE CORPORATION OF THE TOWN OF PICKERING SY-LAW N0.2928 /88 Being a by-law to authorize the execution of a Licence Agreement between The Corporation of the Town of Pickering and T.R.S. Food Service Limited respecting Pickering Recreation Complex and Don Beer Arena Concessions, August, 1988 - August, 1991, WHEREAS, pursuant to the provisions of section 208.57 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of a municipality may pass a by-law for, inter alia, maintaining and operating recreational areas, places of recreation and amusement, arenas and community recreation centres within a municipality; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY il ENACTS AS FOLLOWS: i 1. The h4ayor and Clerk are hereby authorized to execute a Licence Agreement in the form attached hereto as Schedule A between T.R.S. Food Service Limited and The Corporation of the Town of Pickering, pursuant to which T.R.S. Food Service Limited will provide snack bar and vending concession facilities at the Pickering Recreation Complex and Don Beer Arena from August 15, 1988 to August 15, 1991. BY-LAW read a first, second and third time and finally passed this 17th day of October, 1988. '� �--f �; ; % /- d6hn �:. Anderson; Mayo� / � / �,�.__. �/'% <—�__. Bruce Taylo / er LICENSE AG&EENENT THIS AGRSHMENT made this 15 day of Auguat, 1988. BETWEEN: T.R.S. FOOD.SERVICE LIMITED, a company incorporated purauant to the Lawe of The Province of Ontario, ( hereinafter called the "Company" ) OF THE FIRST PART, - and THE CORPORATION OF THE TOWN OF PICKERING, in the said Province, ( hereinafter call the "Town" ) OF THE SECOND PART, WHEREAS the Town is [he owner of the land and the premises containing anack bar facilities and banquet facilities. Now therefore in consideration of the mutual premises and coven- � ants herein contained, the parties agree as follows: DEFINITIONS 1.01 In this Agreement and in all amendments hereto, the following terms shall have [he following menaings: 1. Pickering Recteation CompleX and Don Beer Arena shall mean the community owned cen[res loca[ed at 1867 Valley Farm Road and,Dillingham Road, reepectively, in the Town oE Pickering; 2. Concesaion ahall mean the snack bar and ven3ing facilitiea located in the Pickering Recreation Complex and Don Beer Arena; 3. Department shall mean the Departme�t of Parks and Recreation of the Town. PEflIOD 2,01 The Town granta to the Company che exclusive righ[ to uae and occupy the Concession for a period of three i3) years commencing with [he 15th day of Auguat, 1988 and ending the 15th day of August 1991. FEE 3.01 On the termination of each calendar month and within seven i7) days the gross doller sales excluding ' sales tax from the concession for the month shall be determined from the cash register tapes or any other aimilar documen[ation and confirmed by che Town's audiotr. Withln fifteen C15) days of such determination the Company shall pay to the Town a fee equal [o 10% of the gross sales so determfned. _z_ 3.02 On the termination of each calendar month the gross dcllar salea from vending machinea sha11 be determined and confirmed by the Town's auditor and the Company ahall pay to the Town with payment due ta 3,01 a fee equal tb 10% of the grosa sales so determined. ASSICNMENT 4.01 The Company shall not asaign this Agreement wi[hout the consent of the Town and such consen[ may be arbitraril'y refused by the Town. OPERATION 5.01 The Company agrees: a) to comply s[tict with all apllicable by-lawa, rules and regulations governing [he conduct and operation of [he buslnesa of [he Company; b) [o opera[e the concession during [he [imes and on the days agreed to with the Deparcment; c) to keep accurated 600ks and records of Che oper�t- ion of Che concession and to a11ow a representa- tive of Che Town to inspect [he said books and records. In the event [hat a dispute arises between the parties concerning the amounCs determind in Section 3, [he parties shall employ an auditor acceptable to both of them to resolve the dispu[e. In che event [he par[ies are unable to agree on an auditor such dispute shall be resolved in accordance with the Arbi[ra- tions Act R.S.O. 1980; d) to depoait with the Town prior [o [he commencemen[ of thie Agreement, a public liability insurance policy for $1,000,000.00 approved by the Tovn Treasurer and naming the Town as an insured; e) to obtain a11 neceaaary permlta, licences and approvals ; f) to keep the concession in good repair and to maintain the concession and equipmen[ at a high level of cleanllness ; g) to leave the concession in a nean and �idy condition at the expiry of this Agreemenc and to repair or replace any damages [o [he concession except that reasonable wear and [ear shall not be the responsibili[y of the Company , h) to obtain�the approval oE the Department prior to altering, adding to or varying in any way the concession; any and all such alterations or addi[Lons shall he made at the .sole cosc of the Company and shall enaure to [he benefit of the Town ; 1) to provide a good standard of service to tfie public patronizing [he concession including the operation of the concession by employees dreased in uniforma , -3- j) to keep and offer for sale the types of refresh- menta and food ordinariiy offered in the kind of busineea covered by this Agreemen[; and other food requeated by the Town to promote a healthy lifeatyle, if request 1s deemed reasonable by the Company; k) to comply with and conform [o certain provisions of the agreement dated June 20, 1983 between [he Town (therein referred [o ae "Plckeiing" ) and T.C.C. 8ottling Ltd. C therein referred [o as "CCL'� ), which provisions are set out in ScheduLe A hereto and fozm part of this Agreement. INDEMNIFICATION 6.01 The Town shall not be liable to Che Company for any loas or damage occasioned by fire to or burglary of any inventory or equipmen[ of the Company except for negligence oE the Town.. TERMINATION 7.01 In [he event of termination by the town, all out- atanding fees shall immediately become due. The Company may be removed from possession of any facili[y without notice and shall not be encicled to any claim against the Town for such removal nor to any refund or compensation. In addLCion che Town shall be en[itled to retain and dispose of any equipment installed in the concession necessary [o satisfy any outstanding fee and the costs of collecting same in accardance with [he Personal Property Security Act. BENEFIT AND BINDING NATU$E OF THIS AGREEMENT 8.01 Thia Agreement ahal enure to [he beneEi[ of and be binding upon the partiea hereto and [heir reepecttve succesaore and aeaigna. THE CORPORATION OF THE TOYN OF PICKERING: T.R.S. FOOD � S. ESPOSITO .y / ERVICE LIMI �&ESI�NT AND CHI XECUTIVE OFFICER � / ., L.Y � FOBLER; VICE PBESIDENT FINANCE SCHEDULE A Certain provieions of the agreement dated June 20, 1983, between the Toan (tharefn referred to ae "Pickering") and Coca-Cola Ltd. , now T.C.C. Bottliag Ltd., (therein referred to as "C CL"); see sec. 5.01 k). 1. For th� pyrpw�� of thls A{r�w�ent: (a) �Ann�• mean� tfi� Torn of PfekMnR R�ena�bn C.o�pka Ar�nu (b) 'Compl�:' m��n� th� Torn e( Pltkerin� Neenatlen Canpkx: (e) '£vent• m�an� all �eh�dul�d and r��ehedulyd �ponln� ev�nt�. �portln� eomp�tltlon� or �portM� eoet�a� enaducted 1� the Arenae (d) •Solt Drink Bw�r����• mean�, (1) �11 earbonat�d and no�-earbonated w!t det�k beveraae�: (If) dl �yrup� (ran vhleh urbon�ad snd non-earbonated �eft drink E�v�n�w nu�y b� pr�pa»d for imm�dYat• eon�umptfon by th� addltloe� e[ earEcau�d ar �ea-earbo�ated vatert a�A illl) �11 earbon�ted and non-e�rbonat�d (rvlt drink�, msehin�-vand�d iruft juk��, potabb ��t�r�, and any oth�r non-aleoho0e bw�r- ��t� (or 4newdlab eon�umptlort, Inciudin� •II �yrup� snd pnp�- ntbn• trom �hleb th� �am� may b� pr�par�d. but doet not lnelude coltee, tea. milk, choeolate milk. non-maahine- vend�d lrult Jula�, beer, ala, Wlne, llquor or Iiqucur; (ej •Se(t Dr(nk Beveragef ot CCL" meana those Satt :'nnk Beveraqee which from tlme to ttme ue manufaetured, eold or dietribc�ed by CCI.: (f) "Soft Drink Dlspensing Equ3pmmt" meana those de�-:cee more particufarly deaeribad In Schedule A, hereto and auch furt�.cr and other de�•icrs �upplied by CCL as herein provided; 1�. U) PfekMn` ran�nu, nprrrenb and eovenanU to and with CCL that there �hall not at any tlm� or tfm�� durina the Tcrm be any advertlaing, pro- motlon or m�ntbn of any nalure or de�erlptlon, whethcr vl■u�t or oral (lnolndlns tlf� publle addr�s� �ystem In th• Arcni) o( any SoSt Urink Bw�rap whleh U not • Soft Dr1nk BavereQe of CGL in or about �hc Complex Ineludln� !b �trueturn, hdlwaya, aonaoursce or at any outsidc entrances to th• Compl�x �nd rsaardles� o( �hether or not it is Wi�h�n tb� vle� or hurina ol anr �:l�tin` nr tuture �pectaeor ecat in the Com- p1�x. sav� and �xetpt Mhar� neeessary to deurtbe a member o[ a tcam or a t�am that Is �pon�ored by a soft drink beveragc company othcr th.,r� CCL. (2) P1ek�sinQ shall not grant to any manufactuzer, bottler or supplier of Sotc Drink Bwe�agas other than Soft Drink Beveraaes o( GCI. the right co aswcfate Ibe1L or iU Soft DNnk Bevenges with ehe Complex or rny part tliereo[ 1n any manner direetly or by lmplication. l6. CGL at its oan coet and expente, ehall kcep the Soft Drink Dispeneing f.qui;,- ment in good repair, eonditton and �vorkinQ order and ehail turnlsh any parts requtred to keep it in good meehanieat and worklrtg ordee. 17. Without the prlor �vrltttn eonpnt o! CCL, Plekering �ha11 not make any al- terations, addStfons or lmprovement• to th� Soft Drink Dispensing Eqvlpment; all addltions and improvement� made to tbe Equlpment shall belonQ to and beeome the property a( CC�L upon the making o! the additlon or improvement. 1!. The Soft DrJnk Dl�pen�in` Equlpment �hnil be used by Pickerina only In the Comptex and �hall not b� rsmov�d there(rom or otherWi�e dl�po�ed o( wlthout the priar vrittan con�ent of CCL. 19. In th� event that th� So(t Drtnk Dl�penslna Equlpment I� damasad, wid, les�ed or oth�rvlp dbpopd ot or nmov�d, or if th• Complax 1� �old or otherwb� d3spo�ed ot, or Sf tltl� to th� Comples pansd by opsntfan ot lar to any ather perwn, CCL �hall at Ib optlen have th� daht to enter lnto the Canplex or Into any other plaee vhert the Equlpment may be located and remove It. 20. CCL may at 1ts �xpense, supply and Snstal sueh sddttional or r�plte�msnt non-v�ndln� Solt Drink Dl�p�ndn� Equlpm�nt a�d �ueh r�plae�m�nt v�ndlnR So(t Drink Dbp�n�ln� EqulpawN a� CCL tran Hm� te qm� eonddan n�u�wry to rrvlee eh� publle d�m�nd fer Soft Drink B�v�rap� �t th� Complex �t �ueh toeatlen• vlthin tA� Campl�: a� ar� mntusliy a�r��d upon by eh� P�rtfast sueh �qulp�nt �ha0 b� Vut�d u Soft Dr1nk Dbpendn� Equlpm�nt (o� th� purpo�a� of ehb A�n�nt, 21. P1ck�r4n{ �hall �t ap t4ae� durin� t 1� ia.�eia.a Wtb Ythi •e�ro ► at�hetr dt� Drink OUp�min{ Equtpm�ne ProM Y PP P awk� el CCL »tatYn� ta th� Sott De4nk 8�veeaau o! CCL aetwlly dbpenud thran{h tht h�ad�. 22. No Se(t Orink B�wnp� othtr than frWt Julee� may be �uppli�d, wld or dbtslbut�d In th� Cea�pltx lran w(t drink dl�pcn�in` equlpmenl otht� than tl+e Ssh Drfnk Dfsp�min{ Fqufpm�nt ot CCL. 23. (1) Tkrou�heut th� i�rm ot this A�rNm�nt CCL shill b� th� wle and �xelu- slv� wppU�r of Soft Dr1nk Bw�ra`�� tor ul� or eanpllm�ntary d5�- trlbutSon 1n th� Compi�x and �1] parties fran tim� to tYme u111ns or dlstributln� Sott Drink 8ev�rsse� In th• Complsx �hall pureha�� to� reral� or dl�tribution at th� Complex oNy tht 5oft Drink D�ve�a`e� of CCL at CCL'� th�n pnvdlln� vhol�aaJ� priea and tr�d� t��m� whtch lran dm� to dm� m�y �xlst, provfd�d alv�y� that eh� utd Wholpalt prfeu ef CCL �hall remaln comp�dtiv� �ith th� rholeul� prtee� whlch an (rom Hme to tlm� o![�r�d by ottur aunufaeturer� nr dt�tri6utor� o! natbnally knovn Sott Deink Bev�r�ass. (2) CCL shall provid� �ueh brand� and qvantlNes of Soft Drfnk Bav�rap� u ft eons3dtr� n�ee�qry to wrvYC� tfit publie demand therdor at th� Com- plex ind shill b� �ntleled to ��ll Sott Drink Bwer�gar ot CCL ehrou�h the automatle v�ndln� maehlms tneluded in the So(t Drink Dlipendn� Equipmant at prlea� determined by CCL from tlme to tlme. Z7. 7'h� Partlu h�reto a�ree lhat the �mployae�, repreNn�,ttvq and a`snt� o! CCL •hap be permilted aeee�s to eh� CompNx durtnf normai bv�inee• heurs !or any puepop provldaJ for or contempiated fn tM• Aareemenc. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW N0.2928 /88 Being a by-]aw to authorize the execution of a Licence Agreement between The Corporation of the Town of Pickering and T.R.5. Food Service Limited respecting Pickering Recreation Complex and Don Beer Arena Concessions, August, 1988 - August, 1991. WHEREAS, pursuant to the provisions of section 208.57 of the Municipal Act, R.5.0. 1980, chapter 302, the Council of a municipality may pass a by-law for, inter alia, maintaining and operating recreationai areas, places of recreation and amusement, arenas and community recreation centres within a municipality; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Licence Agreement in the form attached hereto as Schedule A between T.R.5. Food Service Limited and The Corporation of the Town of Pickering, pursuant to which T.R.S. Food Service Limited will provide snack bar and vending concession facilities at the Pickering Recreation Complex and Don Beer Arena from August 15, 1985 to August 15, 1991. BY-LAW read a first, second and third time and finally passed this 17th day of October, 1985. ruce ray ; Mayor � LICENSE AGREEMENT THIS AGREEKENT made this 15 day of August, 1988. BETWEEN: T.R.S. FOOD•SERVICE LIMITED, a company incorporated pursuant to the Laws of The Province of Ontario, ( hereinafter called the "Company" ) OF THE FIRST PART, - and THE CORPORATION OF THE TOWN OF PICKERING, in the said Province, ( hereinafter call the "Town" ) OF THE SECOND PART, WHEREAS the Town is the owner of the land and [he premises containing snack bar facilitiea and banquet facilities. Now therefore in consideration of the mutual premises and coven- ants herein contained, the par[ies agree as follows: DEFINITIONS 1.01 In this Agreement and in all amendments hereco, the following terms shall have [he following menaings: 1. Pickering Recreation Complex and Don Beer Arena shall mean the community owned centres loca[ed at 1867 Valley Farm Road and,Dillingham Road, respectively, in the Town of Pickering; 2. Conceeaion ahall mean the snack bar and ven�ing facilities located in the Pickering Recreation Complex and Don Beer Arena; 3. Department shall mean the Department oE Parks a�d Recreation of the Town. PERIOD 2.01 The Town grants to the Company the exclusive right to use and occupy the Concession for a period of " three �3) years commencing wi[h the 15th day of Auguat, 1988 and ending the 15[h day of August 1991. FEE 3.01 On the termination of each calendar month and wi[hin seven i7) days the groas dollar sales excluding ' sales tax from the concession foz the month shall be determined from the cash regis[er Capes or any other similar documen[ation and confirmed by the Town's audiotr. Within fifteen C15) days of such de[ermina[ion the Company shall pay to the Town a fee equal to 10% of the gross sales so determined. _p_ 3.02 On the termination of each calendar month the gross dollar sales from vending machines shall be determined and confirmed by the Town's auditor and [he Company shali pay to the Town with payment due in 3.01 a fee equal tb 10% of the grosa salea so de[ermined. ASSIGNMENT 4.01 The Company shall noC assign this Agreement wichou[ the conaent of the Town and such consent may be arbitraril'y refused by the Town. OPERATION 5.01 The Company agrees: a) to comply strict with all aplllcable by-laWS, rules and regulationa governing Che conducc and operation of the business of [he Company; b) to opera[e the conceasion during [he times and on the days agreed to with the Departmen[; ' c) to keep accurated books and records of the operat- ion of the concession and to aiLow a representa- [ive of the Town to inspect the said books and records. In the event tha[ a dispute arises between the parties concerning the amoun[s determind in Section 3, the parties shall employ an auditor acceptable to both of them to resolve the dispute. In the event [he par[ies are unable to agtee on an auditor such dispute shall be resolved in accordance with che Arbitra- tions Act R.S.O. 1980; d) to depoai[ with Che Town prior to the commencemen[ of this Agreement, a public liabillty insurance policy for $1,004,���.�� approved hy the Town Treasurer and naming the Town as an insured; e) to obtain all necessary permits, licences and approvals ; f) to keep the concesaion in good repair and to maintain the concession and equipment at a high level of cleanliness ; g) to leave the concession in a neaa and [idy condi[ion at the expiry of this Agreement and to repair or replace any damages to the concession except Chai reasonable wear and tear shall not be the responsibility of the Company , h) to obtain the approval of the Department prior to altering, adding to or varying in any vay the concession; any and all auch al[erations or additions shall be made at the .sole cost of the Company and shall ensure to the benefi[ of the Town ; i) to provide a good atandard of service to the public-patronizing the conceasion including the operation of the concession by employees dreased in uniforms . -3- j.) to keep and offer for sale Che types of refresh- menta and food ordinarliy offered in the kind of businesa covered by this Agreement; and other food requested by the Town to promote a healthy lifestyle, if request is deemed reasonable by the Company; k) to compl�y with and conform to certain provisions of the agieement dated June 20, 1983 between the Town itherein referred to as "Pickeiing" ) and T.C.C. Bottling Ltd. ( therein referred [o as "CCL'� ), which provisions are set ouC in Schedule A here[o and form part of this Agreement. INDEMNIFICATION 6.01 The Town shall not be liable to the Company Eor any losa or damage occasioned by fire to or burglary of any inventory or equipment of the Company excep[ for negligence of the Town.. TEBHINATION 7.01 In the event of termination by the town, all out- standing fees shall immediately become due. The Company may be removed Erom possession oE any facility without notice and shall not be enCitled [o any claim against the Town for such removal nor to any refund or compensation. In addi[ion the Town sha11 be entitled to re[ain and dispose of any equipment inetalled in the concession necessary to satis£y any outstanding fee and the costs of collecting same in accordance with [he Personal Property Security Act. 8.01 BENEFIT AND BINDING NATURE OF TBIS AGREEMENT This Agreement shal enure to the benefit of and be binding upon Che partiea hereto and their respectfve succesaore and asslgna. THE CORPORATION OF THE TOWN OF PICKERING: T.R.S. FOOD SERVICE LIH S. ESPOSITO, � �AESI�NT AND CHI XECUTIVE OFFICER � . � % L.W � FOWLER� VICE PRESIDENT FINANCE SCHEDULE A Certain proviaiona of the agreement dated June 20, 1983, between the Town (the:ein referred to as "Pickering") and Coca-Cola Ltd. , now T.C.C. Bottling Ltd., (therein referred to as "C CL"); see sec. 5.Q1 k). 1. Fot th� purposes of thls A{r«n�ent: (a) •Ara�a• m�an� th� Tovn ot PlekerlaR Reere►ta� Ge�pk■ Annac (b) •Complex• mean� th� Tovn ot Pltkerfn� Reer.allon Canple:: (e) 'Event' mean� all �ehtduled and re�eheduled �po�tln� svent�. �portin� eompetltlom or �portln� eontut� eondueeed In the Arena� (d) •Sott Drink Bever�`��' mean�, (S) a11 earbonated and non-earbonated wft drtnk bevera4e�s (lf) a!) �yrup� (ran vhlah urbon�t�d •nd non-aarben�ted w!t dNnk bw�raaer m+�y b� prepand tor ImmedYat• eon�umptlon by th� �ddltlon e[ urbon�t�d or non-urbonated rat�ri anA Uli) a11 earbonat�d and non-earbonated trult drink�. maehine-vended (ru►t jule��, pota6l� rater�, and any other non-aleoholle ber�r- qu far Imm�dlaU een�wnptlon. Ineludln� all •yrup� and pnp�- ntbn� lran rhleb th� �ame may b� prep�nd. but doe� not lnelude coltee, tea, mflk, choeolate milk, non-maehine- vendad fruSt jufe�, bear, ale, w1ne, lSquor or Ifqucur; (e) "Soft Dr1nk Beverages of CCL" means those So(t f`rink Beveraqes which from time to time are manufactured. eold or distributed by CCl.: (f) "Soft Dr1nk Dlspensing Equfpment" mean� those de��ices more particularly deserlbed ln ScMedule A, hereto and such furthcr and other de��ices �upplled by CCL as herein provided; 1�. U) Plek�rin` warranb, repre�ent� and eovcnant■ to and wlth CCL that there �hall nof at any tlm� or tlm�� durina the Tcrm be any advertleing, pro- moNon or mentbn o( any n�ture or dnarlptlon, whethcr vY�uAl or orai (Ineludlns th� pu611e addrn� �y�tem !n tha Arana) of any Solt Urtnk B�varaQ� whleh Is �ot s Sott Dr1nk Beverage of CCL in or about chc Complex Ineludlnj Ib �trueturti, hallways, coneourses or at any outsidc entranees to th� Complex �nd regaYdless o! whethcr or not It ie within the vSa�r or bprinp oI any �xUttng nr future �pectator seat in the Com- plex, �sv� and exeept vhere nece��ary to deaeribe a member o[ a tcam or a tasm that Is �ponsored by a soft drfnk bevaragc company other than CCL. (i) PltkerinQ �hall not grant to any manutaeturer, bottier or supplier of Soft Drink Beverages other than So[t Drink 8everagea of CCt. the right co auoelate lttelt or tb Sott Drink Bevcnges with the Complex or any p�rt tliereot In any manner directly or by Implication. I6. CCL at ita oan eost and expense, shall kcep the So(t Drink Dis�+eneing F.qui�- ment in good repair, condition and working order and ehall furnish any parte requtred to keep it in Qood mechanleal and workfng order. 17, Without the prior wrltten conpnt ot CCL. Pfckering �hall not make any al- teration�, addltton• or improvement• to the So(t Drink Dlipenstng Equlpment: all addiHon� and Improvements made to the Equlpment shall belong to and beeane the property ot CC�L upon the making o( the additlon or improvement. 18. The Sott Drink Dispen�lnQ Equlpment �hall be used by PickertnQ only In ehe Canplex and shall not be removad theretsom or otherwi�e dtapo�ed o! wlthout the prior vritLen eon�ent of CCL. 19. In the event that th� Sott Drtnk Dl�pendnQ Equlpmcnt I� damsQed, �o1d, lea�ed or O{Mf('MI/� dl�po�td o( or rtmoved, or if tha Complex I• �old or otherwi�e dlspo�ed ot, or Yf titlt to th� Complex pa��ed by operation of law to any other parwn, CCL �hall at It� optlon have the rfaht to enter lnto the Complex or Into any other �laee where ehe Equlpment may be lo�ated and remove It. 20. CCL msy �t tt� •xpensa, supply and lnstal such addlttonal or rapl�eama�t non-v�ndlnt So(t Drink Dlspendn� Equlpm�nt and �ueh replaeam�nt v�ndlnR So(t Drink DUp�ndn� Equlpm�nl u CCL (ran tlm� to tlm� tondder� n�eauary to �ervfe� th� pubife d�mand for Sott Drfnk 6�v�ra�os at th� Complex �t sueh loutlon� vlthln th� Canplex a� an mutwily a`reed upon by th• ParNe�� �ueh �qulpment �hall be trut�d �� Sott DHnk Dl�p�ndn` Equlpment for th� purpo�e� ot thl� A�re�m�nt. 21. Plebrin{ �hs�l at a0 tl�� duein� th� ?�rm ksep ail syrup head� o[ the Seft Orink D4�p�++dn� Fqu4pa�eat qrepe►�Y IdmHtled with th• aPProprfat• tr�d� mark� ol CCL relatln� to eh� Soft Drink Bwaraa�� ol CCL actu�lly dbpen��J throu�h th� hsad�. 22� dl�t Dutl�drla tfi��YCompt x tran soft,drfrnk'd4ipensina equlpmentoth�r than �he Ss(t Drink Dlspeedn� iqalDm�^� ol CCL. 23. (1) Threushout th� ?�rm o! thla A`reem�nt CCL �hall be ehe sole and exelu- �Sv� �uppU�r of Soft Drink Bw�raQes tor �ila or compllmant�ry dts- ertbuiion in eht Complex and all parties trom tlme to Hme sellfng or dlstr[butin` So(t Drink Bavarsae� in the Complex •hall purehaae (or rna1� or d3�Sr3butSon at th� Compiex only the Soft Dr1nk Bavera4�� of CCL �t CCV� th�n prevdllna wholnala prlee� and tnda tarms whleh from ttm� to tims may eziat, provlded always ehat the sald whale�ale prlee� of CCL �hall nmaln eompattliv� vith the vholeule prtees whlch are from time to tlme of(ered by other manufaeturer� or dt�tributor� ot natlona)�y knovn Sott Drink Bevera�es. (2) CCL shall pmvide �uch brand� and quantltle� o( Sott Drink BaveraQes u St consfder� neees�ary to aervies the public demsed theretor at the Com- plex and shall bt entltled to ��Il Sott Ddnk Heveragei of CCL throusfi the automatic vendinQ machtna� in�luded In tha Sott Drfnk Dlapenaln` Equlpment at priee� deterentned by CCL [rom lime to Nme. 27. Th� P�rtf�� har�te ��re� that ehe �mployes�, represent,t4ve� and •`mb o! CCL �hall b• permltted aeee�� to the Compl�x durfna normat bu�inee• houn for •ny purpo�� proWded (or or eontemplattd In thl• AQreement.