Page 123 - Gulf Coast Division - Training Manual 5 -18

TERMINATION: Termination of this Agreement by Customer following the minimum obligation of two years
is permitted with thirty (30) days written notice and so long as Customer has otherwise fulfilled its obligations
under this Agreement, Customer can retain the Keurig® brewer. If Customer defaults or breaches this
Agreement, then Keurig can upon written notice to Customer terminate this Agreement.

REPAIRS: Keurig agrees to provide customary and ordinary repairs or replacement of the Keurig® brewer for
the first two years of this Agreement. Keurig’s obligation is limited to replacing or repairing, at its option and
without charge to the Customer, any part found to be defective in such two years. In no event will Keurig be
liable for any incidental, punitive, exemplary, or consequential damage under any circumstances whatsoever
relating to the Keurig® brewer. Customer assumes liability and responsibility for replacement parts(s) due to
Customer’s negligent acts or misuse of the Keurig® brewer. After the second year any subsequent repair is at
the Customer’s expense.

CUSTOMER INDEMNIFICATION OF KEURIG® : Customer shall indemnify, defend and hold Keurig
harmless for, from and against any and all claims, actions, costs, losses, expenses, damages or liabilities,
(collectively referred to hereafter as “Damages”) arising out of or in any way connected with (i) the use of the
Keurig® brewer by the Customer to the extent such Damages are the result of the sole negligence of the
Customer or Customer’s employees, (ii) the failure of the Customer or Customer’s employees to comply with
the operating procedures of the Keurig® brewer or any legal requirement, (iii) any illegal acts or omissions of
Customer or Customer’s employees.
MISCELLANEOUS: This Agreement: (a) is the entire agreement between the parties; (b) is severable as to any
word or provision that is unenforceable; (c) will be governed by the laws of the Commonwealth of
Massachusetts; (d) may only be modified or amended by a writing signed by both parties, or a provision waived
by a writing signed by the waiving party; (e) is binding on the parties' permitted successors and assigns; (f) may
be specifically enforced; and, (g) is subject to exclusive jurisdiction and venue of the courts located in Boston,
Massachusetts. Any notices shall be effective when sent by facsimile, delivered to the other party in person, by
private carrier or by registered mail to the parties' addresses herein. Each party shall promptly sign additional
documents and perform additional acts reasonably necessary to conform to its obligations herein.

Customer Keurig Green Mountain, Inc.

By: ______________________________________ By: __________________________

Name: ___________________________________ Name: _______________________
Title: ____________________________________ Title: ________________________

Date: ____________________________________ Date:_________________________

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