Korrekturen

Notice of force majeure event

• To assure that we have complied with our notice obligations, we are hereby notifying you of an event of Force majeure which may delay the supply of the Product (as defined in the agreement).

• The present notice supplements the email of Mr. Urs to Mr. Schule Arnaud dated June 12th.

• CoCacola indicated that they will be unable to supply any DMS due to unforeseen and unforeseeable breakdown of their production facilities and that they will not accept further orders.

• We then received a 2nd letter in which they informed us that the technical failure was identified and that they were working hard to replace the damaged equipment.

• The same letter mentioned there were reasonable hope that the DMS production will be restarted within a week.

• In response to this situation, Pepsi took significant steps to investigate the causes of this Force Majeure event and at the same time to continue to provide services to its clients and particulary McDo.

• In light of the information received so far, and if the production of DMS is resumed as announced by our subcontractor, we have high hopes that we should be able to maintain the supply of PRODUCT and that this situation would have no impact on MacDo.

• Nonetheless, Pepsi’s ability to ensure on-time delivery may be affected in the event the said Force majeure event lasts longer than planned by CoCacola.

• This delay in obtaining DMS would be an event beyound the control of Pepsi which could result in a delay of the supply of PRODUCT.

• Rest assured that Pepsi will continue devoting substantial resources to investigate this matter and use all reasonable endeavours to maintain the supply PRODUCT.

• Yours sincererly.