EXHIBIT 10.11
AMENDMENT TO BY-PRODUCTS MARKETING
AGREEMENT
AMENDMENT TO BY-PRODUCTS MARKETING AGREEMENT
(“Amendment”), dated May 27, 2004, by and among
CONAGRA TRADE GROUP, INC. (“CTG”) and
SWIFT& COMPANY (“Swift”).
RECITALS:
WHEREAS, the
parties hereto are parties to that certain By-Products Marketing
Agreement dated October 8, 2003 (the
“Agreement”);
WHEREAS, the
parties desire to amend the Agreement to extend its Initial
Term.
AGREEMENT:
NOW
THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, and intending to be
legally bound, the parties hereto agree as follows:
1. Term and Termination.
Section 12 of the Agreement is hereby amended by replacing the
first paragraph of Section 12 with the following:
“ 12.
Term and Termination. This Agreement will commence on May 26,
2003 and will terminate on May 31, 2009 (the
“Term”). Provided, however, this Agreement shall
automatically renew for additional one (1) year terms
thereafter on the same terms and conditions unless either party
gives written notice of i
