AMENDMENT TO LICENSE AND DISTRIBUTION AGREEMENT

Keurig shall be able to purchase its requirements for K-Cups from Diedrich under (i) Section 2.1.1.1 for the AFH market and (ii) Section 2.1.2.1 for the AH market based on Diedrich’s standard credit and pricing policies at [* * *] offered to other Diedrich K-Cup AFH or AH wholesale customers, other than majority or wholly owned subsidiaries, [* * *] and with other such terms and conditions that are substantially the same. Notwithstanding any provisions to the contrary, Keurig may resell Diedrich K-Cups without restrictions except as follows: (1) Keurig may not resell Diedrich K-Cups to KADs, KARDs and RNKADs without Diedrich’s prior written authorization; (2) Keurig may resell Diedrich K-Cups to, or through, Wholesale Clubs and Office Superstores only as part of an assortment that includes more than two (2) brands; (3) in addition to the restrictions contained in Section 2.1.3, Keurig shall not knowingly solicit AFH customers for Diedrich K-Cup sales unless package marketed with Keurig AH Brewers; (4) Keurig shall use commercially reasonable efforts to ensure that sales by Keurig Resellers of Diedrich K-Cups purchased from and knowingly sold by Keurig are subject in all respects to the abovementioned terms and restrictions,

provided, however that if Diedrich is also selling Diedrich K-Cups to such Keurig Resellers clause (3) shall not apply to such Keurig Resellers. [* * *]. “Retail Customers” are defined to be all end-user AH or AFH consumers to include Offices. Notwithstanding the foregoing, any Keurig sales of Diedrich K-Cups in accordance with such retail terms, pricing and conditions will not be considered a violation of any restriction of this section 2.4.1; Keurig may sell to any KAD whose agreement with Keurig has been terminated (a “Terminated KAD”) the brands of K-Cups that such Terminated KAD was purchasing at the time of its termination without restriction; and, subject to Diedrich’s approval, Keurig may sell Diedrich K-Cups to any OCS Distributor who is considering becoming a KAD (a “Prospect”). Notwithstanding the foregoing, if Keurig should desire any changes in the nature of packaging of Diedrich K-Cups that are different from Diedrich’s standard packaging of Diedrich K-Cups, Diedrich shall in its discretion decide whether to implement such changes, provided, however, that if such changes are implemented, Diedrich shall charge Keurig for actual additional costs or credit Keurig for actual cost savings resulting from such changes.”