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VENDING MACHINE LEASE AGREEMENT <br />This vending machine lease agreement, entered into this 16th day of March, 2009, by and <br />between Coca-Cola Enterprises Inc. d/b/a Midwest Coca-Cola Bottling Company, with a place <br />of business located at 2000 First Avenue North, Moorhead MN, 56564 ("Lessor"), and Cass <br />County Social Services, whose post office address is 1010 2"d Ave. South located in Fargo, ND <br />("Lessee"). <br />In consideration of the mutual covenants and agreements contained herein, both parties agree to <br />the following: <br />1. Definitions <br />(a) "Agreement Year" means each twelve-month period during the Tenn beginning <br />with the first day of the Term. <br />(b} `Beverage" or "Beverages" shall mean all nonalcoholic beverages of any kind <br />including concentrated energy drinks in small servings, but shall not include fresh-brewed <br />unbranded coffee and fresh-brewed unbranded tea products, water drawn from the public water <br />supply or unbranded juice squeezed fresh at the Premises. <br />(c) "Products" shall mean Beverage products purchased directly from Bottler or <br />sold through vending machines owned and stocked exclusively by Bottler. <br />{d) "Competitive Products" shall mean all Beverages which are not Products. <br />2. Term <br />The term of this Agreement shall be for One (1) year beginning on March 1, 2009 and <br />expiring on February 28, 2010, unless mutually extended by written Agreement of the parties or <br />unless sooner terminated as provided herein. Effective at the end of each full Agreement Year, <br />either party shall have the right to terminate this Agreement, with or without cause, by giving <br />the other party thirty (30) days advance written notice. <br />E ui ment <br />During the Term, Lessor will lease to Lessee, pursuant to the terms of Lessor's equipment <br />placement agreement, at no cost, that Beverage dispensing equipment reasonably required and as <br />mutually agreed upon to dispense Beverages at the Premises ("Equipment"). Lessee represents <br />and warrants that electrical service at the Premises is proper and adequate for the installation of <br />Equipment, and Lessee agrees to indemnify and hold Lessor haxmless from any damages <br />arising out of defective electrical services. <br />Lessee hereby agrees that Lessor shall have the right to place the Equipment in mutually agreed <br />upon locations at the building located at the Premises. Lessee hereby agrees to have a full <br />service Beverage vending machine to be located at the Cass County Annex 2°d floor landing of <br />