Dated11 March 2013 Deedof Variation

EX-10.3 4 ex10-3.htm Exhibit 10.3

 

Dated 11 March 2013

 

Deed of Variation

 

BETWEEN:

 

1.KINGFISHER BEER EUROPE LIMITED, a Company registered in England with number 02367133 whose Registered Office is at Springfield House, Sandling Road, Maidstone, Kent ME14 2LP (formerly UBSN Limited) (“KBE”)of the first part, and

 

2.MENDOCINO BREWING COMPANY INC, a California corporation with its principal place of business located at 13351 Highway 101 South, Hopland, California 95499 USA (“MBC”) of the other part

 

We refer to the Brewing License Agreement dated 26th October 2001 and Supplemental Agreement dated 29th June 2010 entered into between KBE and MBC (together the “Brewing License Agreement”) whereby KBE has granted an exclusive sub-license to MBC of the Trade Marks in the Territory as defined in the Brewing License Agreement.

 

This Deed of Variation sets out the terms on which KBE and MBC have agreed to amend the Brewing License Agreement. The parties hereby agree that the amendments set out in this Deed of Variation shall take effect from 9 October 2013.

 

Unless otherwise expressly stated to the contrary, defined terms used in this Deed of Variation shall have the same meanings as defined in the Brewing License Agreement. The amendments will be incorporated into and form part of the Brewing License Agreement between KBE and MBC. For the avoidance of doubt, all other terms relating to the Brewing License Agreement remain unaffected by the terms of this Deed of Variation and shall continue in full force and effect.

 

Amendments

  

1.Clause 1.7 of the Brewing License Agreement shall be deleted and replaced with the following-

 

1.7“Territory” shall mean Canada and the Caribbean Islands

 

 

This agreement shall be governed by and construed in accordance with the laws of England. The parties irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any claim, dispute or difference arising out of or in connection with this agreement.

 

1
 

 

This document is executed as a deed and is delivered and takes effect at the date written at the beginning of it.

 

Executed by Kingfisher Beer Europe Limited acting by Damon Swarbrick, a director.  

/s/ Damon Swarbrick

    Signature of director

 

 

 /s/ Mark Davis

In the presence of:   Signature of Witness
     
Mark Davis    
Name of Witness  
     
Springfield House    
Sandling Road, Maidstone, Kent    
Address of Witness    
     
Company Secretary    
Witness’s occupation/status    

 

Executed by Mendocino Brewing Company Inc acting by Yashpal Singh, a director.

  

 

/s/ Yashpal Singh

    Signature of director

  

 

  

 /s/ Mahadevan Narayanan

 In the presence of:   Signature of Witness
     
Mahadevan Narayanan    
Name of Witness  
     
1601, Airport Road, Ukiah, CA 95482    
Address of Witness    
     
Chief Financial Officer    
Witness’s occupation/status    

 

2