Anaheim Ducks Hockey Club v. DS Waters of America CA4/3

FACTS AND PROCEDURAL BACKGROUND

In 2008, the parties entered into a Sponsorship Agreement (agreement), effective from August 1, 2008 to June 30, 2011. In exchange for a sponsorship fee, the agreement gave DS “the right to place and staff one (1) table on the Plaza Level of the Facility at each public event,” and granted DS “the right to be the provider of five-gallon water service to the Ducks, the Facility and the Practice Facility and coffee service to the employees of the Ducks, the Facility and the Practice Facility.” The agreement also provided that whenever a party is in default for failing “to perform any material obligation in a timely manner,” “the non-defaulting party shall deliver written notice specifying the default to the defaulting party,” giving the defaulting party 30 days to cure the default. If the defaulting party fails to comply, the non- defaulting party may terminate the agreement and “accelerate the payment of and bring [a]n action to collect all installments of the [s]ponsorship [f]ee . . . payable through the [t]ermination [d]ate,” i.e., June 30, 2011, regardless of the date of default.

2 DS paid the sponsorship fee for the first year. In 2009, the…