Page 122 - Gulf Coast Division - Training Manual 5 -18

DEFINITIONS: “Keurig” refers to Keurig Green Mountain, Inc. “Customer” refers to business entity receiving
the Keurig® brewer as set forth on the first page of this Agreement.
USE OF KEURIG® BREWER: Customer shall use the Keurig® brewer as intended, as detailed in the User’s
Manual, shall keep the Keurig® brewer in good working order, and shall comply with all laws relating to its
possession, use or maintenance, and shall not make any alterations or additions to the Keurig® brewer.
INSTALLATION: Keurig will provide Customer with the contact information for Keurig’s approved third
party service provider. This service provider is authorized by Keurig to install the Keurig® brewers. Customer
is responsible for all installation costs.
LOSS AND DAMAGE: Customer agrees that if it loses or damages a Keurig® brewer (including through
installation or maintenance by a non-Keurig approved service provider), that Keurig reserves the right to charge
Customer (and Customer agrees to pay) the price for such lost or damaged Keurig® brewer.
TERM: Customer agrees to use the Keurig® brewer for a minimum period of two years. If this Agreement is
terminated (for any reason) prior to the completion of the two year period, in Keurig’s determination either have
the Customer return the Keurig® brewers to Keurig at Customer’s cost and without liability to Keurig or
invoice Customer for the full amount of the Keurig® brewers (and Customer agrees to comply with Keurig’s
request for return or payment).

MINIMUM PURCHASE REQUIREMENT: For Model K150 and K150P Keurig® brewers, Customer agrees
to purchase through a Keurig authorized foodservice distributor a minimum of 480 Keurig® K-Cup® pods (5
cases) per month, per Keurig® brewer directly from a Keurig authorized foodservice distributor. For Model
K3000SE Keurig® brewers, Customer agrees to purchase through a Keurig authorized foodservice distributor a
minimum of 960 Keurig® K-Cup® pods (10 cases) per month, per Keurig® brewer directly from a Keurig
authorized foodservice distributor. If Customer’s purchases fall below the minimum purchase requirement,
Keurig may terminate this Agreement upon notice to the Customer and, in Keurig’s determination either have
the Customer return the Keurig® brewers to Keurig at Customer’s cost and without liability to Keurig or
invoice Customer for the full amount of the Keurig® brewers (and Customer agrees to comply with Keurig’s
request for return or payment). Average overall usage across all installed brewers will be taken into account
when reviewing minimum requirements on multiple location placements.
OWNERSHIP: Keurig retains all title and ownership to each Keurig® brewer throughout the first two years of
this Agreement. Customer will not assign or subject any Keurig® brewer to a security interest or lien.

COMPETING PRODUCTS: Customer agrees to immediately (and throughout the loan period) discontinue the
use of (i) any brewer other than a Keurig® brewer that brews K-Cup® pods manufactured by Keurig® and (ii)
portion packs that are not manufactured by Keurig but are usable in Keurig® brewers.

ASSIGNMENT: Customer shall not assign this agreement or sell, lease, or transfer the Keurig® brewer
without Keurig’s prior written consent. Keurig must be notified of the sale/transfer of store ownership.
Customer acknowledges that the Keurig® brewer is, and shall remain, the property of Keurig. Customer agrees
not to remove or obscure any identifying property, serial, or instructional labels placed on the Keurig® brewer
by Keurig. The sale/transfer of store ownership does not eliminate the obligations contained in this Agreement
and must be honored by Customer’s successor.

DEFAULT: Customer shall be in default of this Agreement if, with or without notice from Keurig: Customer
shall fail to make any payment due if any, or Customer shall fail to observe, keep, or perform any other
provision of this Agreement, including but not limited to the maintenance of all terms or if Customer has made
any misleading or false statement in connection with application for or performance of this Agreement; or the
Keurig® brewer or any part thereof shall be subject to any lien, levy, seizure, assignment, transfer,
encumbrance, application, attachment, execution, sublease, or sale without prior written consent of Keurig, or if
Customer shall abandon the Keurig® brewer or permit any other entity or person to use the Keurig® brewer
without prior written consent of Keurig.

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