AMENDMENT TO BY-PRODUCTS MARKETING AGREEMENTAdvertising or Marketing Agreement |
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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 from time to time in accordance with clause 2.”
3. Effect on Agreement. Except as
specifically amended hereby, all terms, provisions and conditions of the
Agreement shall remain in full force and effect. To the extent the terms of the
Agreement are inconsistent with the terms set forth in this Amendment, this
Amendment shall control and the terms of the Agreement shall be deemed amended
mutatis mutandis to reflect this Amendment.
4. Amendments. This Amendment shall
not be amended except in a writing signed by all the parties hereto.
5. Counterparts. This Amendment may be
executed and delivered (including by facsimile transmission) in one or more
counterparts. All counterparts together will be taken to constitute one
instrument.
6. Governing Law. This Amendment is
governed by the laws of Queensland.
Executed in Omaha, Nebraska U.S.A.
Executed by
ConAgra Trade Group Pty Ltd:
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/s/ GREGORY A. HECKMAN |
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/s/ JAY D. BOLDING |
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Director Signature |
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