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Marky Kay6/15/2003
cy from resale" provided for in Article 10b at the times therein provided for same to occur.
d. The depreciated value of each vehicle shall be the Capitalized Valued less the "total depreciation reserve" paid by Lessee. The "total depreciation reserve" shall be a sum derived by multiplying (1) the number of months a vehicle was in billed service and paid by Lessee, times (2) the Capitalized Value, times (3) the monthly depreciation percentage applicable to the initial lease term fixed for such vehicle.
APPENDIX C
EXCERPTS FROM STIPULATED EXHIBIT D - MARY KAY PROGRAM AGREEMENT
1. The Car Qualifier acknowledges, agrees to, and assumes all obligations of this Agreement and the ARI Lease Agreement. 2. The Car Qualifier acknowledges that the Career Car is delivered and accepted by Car Qualifier subject to all terms, rules, and conditions of the Mary Kay Career Car Program (hereinafter called "Career Car Program") and the Mary Kay Automobile Insurance Program (hereinafter called "Insurance Program"), both of which are attached hereto and incorporated herein. Specifically and without limitation, Car Qualifier understands that qualification for, possession of, and return of such Career Car are subject to Car Qualifier's maintenance of wholesale production in amounts specified in the Career Car Program and continued eligibility to participate in the Insurance Program. Mary Kay reserves the right to amend or alter, from time to time, such rules, terms and conditions of the Insurance Program and the Career Car Program, including but not limited to the amount of proportionate monthly co-op lease payments.
11. The Car Qualifier agrees, as a condition to receiving the described automobile, to execute this Agreement and the ARI Lease Agreement. The Car Qualifier understands that any delay or refusal to execute these Agreements shall give Mary Kay the right to refuse participation of the Car Qualifier in the Career Car Program.
14. Mary Kay hereby agrees to be responsible for any excess mileage charges as may be set forth in the ARI Lease Agreement between ARI and Car Qualifier.
APPENDIX D
EXCERPTS FROM DEFENDANT'S EXHIBIT M MARY KAY.COM, COMPANY INFORMATION, RECOGNITION WEB PAGE
Submitted to the Court with Defendant's Motion for Summary Judgment and Supporting Memorandum, August 19, 2002
http://www.marykay.com/Home/Community/Headquarters/Company/Recognition.asp
RECOGNITION
Mary Kay Inc. values and recognizes its independent sales force for growth and achievement, with incentives ranging from computer equipment and trips to its legendary car program.
The Mary Kay fleet, one of the largest commercial fleets of General Motors passenger cars in the world, features 10,000 U. S. career cars valued at more than $150 million. Cars are earned by Independent Beauty Consultants and Sales Directors through outstanding sales and team building. The Cadillac has grown to symbolize ultimate success in Mary Kay since the first five were awarded as prizes for top performance in 1969. In addition to the Cadillac, the U.S. fleet includes the Grand Prix, the Grand Am and the Chevy Blazer. International car programs feature Mercedes, Toyotas and Fords.
THIS DECISION WAS SIGNED BY JUDGE HENRY C. BREITHAUPT ON MAY 15, 2003, AND FILE STAMPED ON MAY 15, 2003. THIS IS A PUBLISHED DECISION.
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