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EXHIBIT
10.3
AMENDMENT
TO
JOINT VENTURE
AGREEMENT
THIS
AMENDMENT TO JOINT VENTURE AGREEMENT (the “Amendment”) is effective as of
the 30th day of August, 2006, by and between Ethanex Energy North
America, Inc. (“Ethanex”), and SEMO Milling, LLC
(“SEMO”).
RECITALS
A. Ethanex and
SEMO entered into that certain Joint Venture Agreement dated August
4, 2006 (the “JV Agreement”) pertaining to the
formation and management of a joint venture company, Ethanex at
SEMO Port, LLC.
B. Ethanex and
SEMO desire to amend the JV Agreement as set forth
herein.
AGREEMENT
In
consideration of the above Recitals, which are incorporated herein
by this reference, the mutual agreements contained herein, and for
other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, Ethanex and SEMO agree as
follows:
1.
Amendment of JV Agreement . The JV Agreement shall be amended as
follows:
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Obligations of the Parties
. Section
7.1(e) of the JV Agreement shall be deleted and replaced with the
following language:
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(e)
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use its
commercially best efforts to submit, no later than September 15,
2006, all necessary permits required by the Missouri Department of
Natural Resources and any other applicable Governmental
Au
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