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
discreti
