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11. Reimbursement for Fixtures.
11.01 Speedway shall reimburse RJRT for RJRT's actual cost of fixtures,
or return the display to RJRT, for any Participating Store that is permanently
disqualified from the Program, pursuant to Section 9, during the term of this
Agreement.
12. Right of First Refusal.
12.01
Commencing ninety (90) days prior to the conclusion of this
Agreement, RJRT shall have the right to negotiate with Speedway for a one year
extension of the Agreement. If these negotiations do not result in a new agreement
prior to the conclusion of this Agreement, then in that event for a period of three
(3) months thereafter, RJRT shall have the right to match any competitive cigarette
manufacturer's bona fide new offer for display and merchandising and by so doing
enter into a new agreement with Speedway for a period of one (1) year. Except for
duration, which shall be one (1) year, the new agreement shall meet all other
essential terms of the competitive offer.
13. Force Majeure.
13.01
If during the term of this Agreement governmental laws or
regulations are enacted that forbid the merchandising and display activity
contemplated in this Agreement in one or more Participating Stores, such activity
shall cease in the affected Stores. In such event, RJRT and Speedway shall
mutually alter this agreement to comply with enacted laws or regulation.
14. Notice.
14.01 The parties specify the following addresses and representatives for
the purpose of receiving any notices required by or contemplated under the terms
of this Agreement. Either party may change its address and agent by notifying the
other party in writing of the change.
If to RJRT:
If to Speedway:
R. J. Reynolds Tobacco Company
Speedway Superamerica LLC
Attn.: Vice President, Trade Marketing
Attn.: Vice President, Marketing
401 North Main Street
500 Speedway Drive
Winston-Salem, North Carolina 27102
Enon, Ohio 45323
with a copy to:
with a copy to:
R. J. Reynolds Tobacco Company
Speedway Superamerica LLC
Attn.: Legal Department
Attn.: Legal Department
401 North Main Street
500 Speedway Drive .
Winston-Salem, North Carolina 27102
Enon, Ohio 45323
52006 2066
7
Source: https://www.industrydocuments.ucsf.edu/docs/tnfg0023

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