EXHIBIT 10.13
AMENDMENT TO BY-PRODUCTS MARKETING
AGREEMENT
AMENDMENT TO BY-PRODUCTS MARKETING AGREEMENT
(“Amendment”), dated July 6, 2004, by and among
CONAGRA TRADE GROUP PTY LTD, CONAGRA TRADE GROUP,
INC. and AUSTRALIA MEAT HOLDINGS PTY
LIMITED.
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
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.
Clause 2.1 of the Agreement is hereby amended by replacing Clause
2.1 with the following:
“ 2.1
Term
This
Agreement commences on the Commencement Date and expires on 31
May 2009 (the “Term”). However the Term shall
automatically extend for additional one (1) year periods
thereafter unless any party gives written notice to the other
parties at least ninety (90) days prior to the then scheduled
end of the Term that it desires the Term not be
extended.”
2. Defined Terms.
Capitalized terms used but not otherwise defined herein shall have
the respective meanings ascribed to such terms in the Agreement,
except that the definition of “Term” in clause 1.1 of
the Agreement is replaced with the following:
“Term means the term of this Agreement in clause 2 as
extended fro