Joint Appendix One

' Case 2:10-cv-07678-JFW-DTB Document 65-6
FUTUREI..OGIC, iNC. #:1332
Futurelogic, Inc. www.fut urelogicinc.com
425 E. Colorado St. Ste 670
Glendale, CA 91205
(818) 244-4700 lax: (818) 244-4764
Filed 10/07/11 Page 4 of-9
in Exhibit A _a_y-_er sigzificaztb' !mi!ar product, but does not apply to the discrete Intellectual
Property components as described in the following paragraph "Intellectual Property". Exclusivity is
predicated on the condition that Coca-Cola or its designees purchase the following amounts in the
years show_
Year 2000--11,000 ufflts "_k_... x.
Year 2001 4_i000units i-'O_-.. ]
Year 2002-_ tO,000_units / ,.
Year 2003 -[1 SOO_O_units _/
Year 2004 -_
The foregoingvohimes areconditionsforexclusivityand arenotcommitments topurchase.
In exchange, to the extent Coca-Cola obtains patent protection on the System developed hereunder,
._Cpca-Cola grantsE_relo_ic an_exclusive license to make the System, for uses within the United ,
St_-es, for &.o_enod of five (5) yeargTrom January 1 Of the year 2000, but only for Coca-Cola and its /
designees.(_n_titioned upon }he System being of high quality, meeting th_ ...... ."
specification of Exhibit A, and being available at the price and conditions of Exhibit B. If
Futurelogic fails to provide the System under such terms, Coca-Cola, its subsidiaries, affiliates,
authorized bottlers, suppliers, and/or vendors will be free to purchase such products from other
parties, and such purchase shall not constitute a breach under this Agreement.
Our understanding is that the application and interest for the Coca-Cola company in this product is - o
for use in soft drink vending machines, as opposed to vending machines of all types.
._k_:-c'.:,,.c a..2 _-'TF'__"__!" th 1 ,., L,t-.. ,_mr_ L IV need to keep the exclusivity focused "where " -_ it has
value to your company. In tb _ ' .... t._^^ : ..... . .... _..... _...... ,............ :2 ^_ 7-: " - r :...... m.
IiC-":-._ i--_'..:.... .,_'. ....... ''.'_ . 2....... I^'^4 tn rlr;nlee_*,1_al_c, ever
elivered, the exclusivity
have replaced the Year
term could be extended indefinitly, thrczgh _ aetie_'z,of a_.ompmay.
1, Year 2, etc, with acutal dates. Our feeling is that once the system is
The
ssignment of dates places the term into a real time context. _
Lastly, we have replaced the best price and conditions requirement with a reference to Exhibit B
which is our quotation for the system
Highly Confidential-Outside Counsel Only
00009
FutureLogic's Summary Judgment Exhibit No. 25
-A0441 -
Page ID ' _ I
FUT00037349
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