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(4) Containers for alcoholic beverages shall be distinguished from containers for <br />non-alcoholic beverages. <br />(5) Containers for alcoholic beverages must conform to eco-friendly guidelines <br />(including but not limited to, biodegradable or compostable cups and straws, <br />recyclable aluminum cans/cups/straws; no single -use plastic packaging). <br />(6) Any identifiers for patrons 21+ years old must meet eco-friendly guidelines <br />(i.e., compostable wristbands). <br />C. Transfer <br />(1) Liquor License shall be relinquished upon termination or expiration of <br />Agreement. <br />(2) Bean Sprouts must with City and successor in good faith to transfer ownership <br />of Liquor License at no additional cost beyond what Bean Sprouts paid for the <br />initial Liquor License. <br />(3) Bean Sprouts will work in good faith with City to surrender the Liquor License <br />in whole or in part for daily licenses for events that require an outside caterer, <br />including the Zoofari fundraiser. <br />7. USE OF PREMISES AND RIGHTS OF BEAN SPROUTS <br />a. Use of Premises: Bean Sprouts shall use the "Premises," which includes the <br />concession building at the Zoo as well as the mobile cart (once acquired) as further <br />detailed in Exhibit A, for the preparation and sale to the public of food and <br />beverages, both at the Premises and for Zoo -based catering, and for preparation and <br />sale of such other food and beverage items that shall be approved from time to time <br />by the City and for storage, office, and administrative functions in connection with <br />Bean Sprouts' operations under this Agreement. Bean Sprouts shall additionally <br />have the right to sell branded retail items, including but not limited to, games and <br />books, but City shall have the right to approve retail items. Bean Sprouts shall not <br />use the premises for any purpose other than set forth herein. <br />b. Rights Not Exclusive: The City may grant rights to other vendors to sell beverage <br />and snack items and also retains those rights for the City in the Zoo gift shop or any <br />additional Zoo shops that may be opened during the Term of this Agreement; <br />provided, however, that during the Term, the City will not grant rights to other <br />vendors to, sell branded food products and beverages which compete with Bean <br />Sprouts' offerings (i.e., sandwiches, salads, pizzas, soups, coffee, bottled water, <br />smoothies, ice cream, baked goods, healthy drinks and healthy snacks). This <br />provision does not apply to promotions where food or beverages may be given <br />away, private parties where food is catered or brought in from an outside vendor, <br />Page 4 of 19 <br />#19793v7 <br />