Second Amendment to Pathways Midway-Cash Card System Agreement between The Pathways Group, Inc. and Funtastic Rides Company, Inc.

Summary

This amendment updates the agreement between The Pathways Group, Inc. and Funtastic Rides Company, Inc. regarding the rental and use of a cash card system. The rental period is extended to November 30, 2000, and the equipment may now be used in Washington, Oregon, and California. Funtastic is responsible for transportation and must report equipment locations weekly. Rental payments are due monthly, and support and maintenance fees are based on transaction volume. All other terms of the original agreement remain unchanged.

EX-10.14 11 ex-10_14.txt EXHIBIT 10.14 EXHIBIT 10.14 [Certain portions of this exhibit have been omitted based upon a request for confidential treatment pursuant to Rule 24B-2 under the Securities Act of 1934. Omitted portions: Section 6.3.1. (in part); Section 6.3.2 (in part) and Exhibit A (in total). The omitted portion has been filed separately with the Securities and Exchange Commission.] AMENDMENT # 2 DATED JUNE 5, 2000 TO PATHWAYS MIDWAY-CASH CARD AGREEMENT DATED JANUARY 27, 2000 THIS AMENDMENT #2 IS DATED EFFECTIVE JUNE 5, 2000, AMENDS THAT CERTAIN PATHWAYS MIDWAY-CASH CARD SYSTEM AGREEMENT DATED JANUARY 27, 2000 AND AMENDMENT # 1 TO SAID AGREEMENT (HEREINAFTER AGREEMENT) BETWEEN THE PATHWAYS GROUP, INC., A DELAWARE CORPORATION (HEREINAFTER PATHWAYS) AND FUNTASTIC RIDES COMPANY, INC., AN OREGON CORPORATION (HEREINAFTER FUNTASTIC) FOR THE PURPOSES AND ON THE TERMS AND CONDITIONS HEREAFTER STATED. ARTICLE I - AMENDMENTS. SECTION 3.1 OF AGREEMENT. Section 3.1 of AGREEMENT is hereby amended to provide that the rental period shall be from June 5, 2000 through November 30, 2000 inclusive. SECTION 3.3 OF AGREEMENT. Section 3.3 of AGREEMENT is hereby amended to provide that the rental items may be used in the States of Washington, Oregon and California. Funtastic shall advise Pathways in writing of the location of the rented items on a weekly basis. All transportation to and from such sites shall be the responsibility of FUNTASTIC without cost or expense to PATHWAYS, unless otherwise agreed in writing between the parties. SECTION 4.1 OF AGREEMENT. Section 4.1 of AGREEMENT shall continue to provide that delivery by PATHWAYS of equipment and cards shall be made to: FUNTASTIC TRAVELING SHOWS 3407 S.E. 108TH & POWELL PORTLAND, OR 97266 SECTION 4.2 OF AGREEMENT. Section 4.2 of AGREEMENT is hereby amended to provide that rental shall be due on the first day of each month during the agreement, except that the first rental payment shall become due June 5, 2000 or as soon thereafter as an invoice can be delivered to FUNTASTIC. SECTIONS 6.1 AND 6.2 OF AGREEMENT Sections 6.1 and 6.2 are each hereby amended to provide that support and maintenance shall commence on June 5, 2000. SECTION 6.3 OF AGREEMENT. Shall be amended by deletion of the entire current text and substituting in its place the following: 6.3.1 Funtastic shall pay for support and maintenance services the sum of [Omitted based upon a request for confidential treatment pursuant to Rule 24B-2 under the Securities Act of 1934. The omitted portion has been filed separately with the Securities and Exchange Commission.] per transaction. Transaction is defined as any value subtracted from the electronic purse on a Smart Card and recorded in a Terminal for the purpose of payment for rides, games and/or food. It does not include adding value to a Smart Card. 6.3.2 On the last day of each month, Funtastic shall obtain and compile the transaction data from all Smart Card terminals used by it in the Pathways Midway-Cash-Free Card System; and report each total per terminal to PATHWAYS. PATHWAYS shall receive and compile the transaction data, then multiply the total number of transactions reported by the rate of [Omitted based upon a request for confidential treatment pursuant to Rule 24B-2 under the Securities Act of 1934. The omitted portion has been filed separately with the Securities and Exchange Commission.], and send an invoice for the total support and maintenance fee due for the time period during which the transaction data was gathered. Payment shall be due upon receipt of invoice. EXHIBIT A OF AGREEMENT. A new Exhibit A is attached to this Amendment # 2, and is hereby incorporated into this Agreement by reference. It replaces the prior Exhibit A attached to the Agreement, and referenced in Amendment # 1. ARTICLE II -ALL OTHER PROVISIONS. All other provisions of AGREEMENT dated January 27, 2000, and Amendment #1, dated February 14, 2000 between the parties shall remain the same. Dated June 5, 2000. THE PATHWAYS GROUP, INC., and Its Funtastic Rides Company Inc., Subsidiaries and affiliates and Its Subsidiaries and affiliates By: /s/ William J. Boeck By: /s/ Ronald Burback ---------------------------------- ---------------------------- William J. Boeck Ronald Burback Industry Manager Vice President EXHIBIT A Funstastic Terms [Omitted based upon a request for confidential treatment pursuant to Rule 24B-2 under the Securities Act of 1934. The omitted portion has been filed separately with the Securities and Exchange Commission.] Support and Maintenance Fee [Omitted based upon a request for confidential treatment pursuant to Rule 24B-2 under the Securities Act of 1934. The omitted portion has been filed separately with the Securities and Exchange Commission.] Dated June 5, 2000 The Pathways Group, Inc. Funtastic Rides Company, Inc. By: /s/ William J. Boeck By: /s/ Ronald Burback ---------------------------- --------------------------- William J. Boeck Ronald Burback Industry Manager Vice President