AMENDMENT NO. 2 TO AMENDED AND RESTATED CONCESSION AGREEMENTConcession Agreement |
|
|
You are currently viewing: This Concession Agreement involves
PROPELL CORPORATION. | CRYSTAL MAGIC, INC | WALT DISNEY WORLD CO | WALT DISNEY WORLD HOSPITALITY & RECREATION CORPORATION. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here. |
|
|
|
Search Concession Agreement by:
Exhibit 10.6
AMENDMENT
NO. 2 TO AMENDED AND RESTATED CONCESSION AGREEMENT
THIS AMENDMENT NO.2 TO AMENDED AND
RESTATED CONCESSION AGREEMENT, is effective as of the 31st day of March,
2006, between WALT DISNEY WORLD
CO. and WALT DISNEY WORLD HOSPITALITY & RECREATION CORPORATION
(collectively, “Disney”) and CRYSTAL MAGIC, INC.
(“Vendor”),
WITNESSETH;
WHEREAS, the parties
heretofore entered into an Amended and Restated Concession Agreement dated as of
March 26, 2002 (the “Agreement”), pursuant to which Vendor provides certain
services and/or merchandise for sale to guests of Epcor® and the Magic Kingdom® Park;
and
WHEREAS, the parties have
determined that it is in their mutual best interests to amend the terms of the
Agreement, effective as the 31st day of March, 2006, as herein
provided.
NOW, THEREFORE, in
consideration of the premises and mutual covenants contained herein and in the
Agreement, the parties agree as follows;
1. Paragraph
4 (Term) of the Agreement is hereby amended and restated so that it reads in its
entirety as follows:
4. Term.
The term of this Agreement shall commence on December 7, 1999, and continue
through and including October 30, 2008 (the “Term”), unless any party terminates
this Agreement, with or without cause (i.e., in the terminating party’s sole
discretion), by providing the other parties with sixty (60) days prior written
notice. In addition, Disney may terminate this Agreement for cause (e.g., if
Vendor fails to perform any of its obligations under this Agreement) immediately
by giving notice to Vendor. The parties mutually agree that there may be a
period during the Term during which the Concession will be closed by Disney for,
among other reasons, inclement weather, maintenance and rehabilitation of the
Premises or special events (the “Closed Period”), The existence of the Closed
Period shall not extend the Term or release the parties from their obligations
hereunder.
2. Paragraph
8 (Signage) of the Agreement is hereby amended and restated so that it reads in
its entirety as follows:
8. Signage.
a. Vendor
shall provide, display in location(s) designated by Disney and distribute, at
its sole cost and expense, such signage, fixtures and promotional materials for
the Concession at Image Works
in Epcot® as Disney may approve in its sole discretion. Vendor shall not
display or distribute any other signage, fixtures or promotional materials at
such Concession without the prior written approval of Disney, which approval may
be withheld by Disney in its sole discretion.
