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EIGHTH AMENDMENT TO
JOINT VENTURE AGREEMENT
THIS EIGHTH AMENDMENT TO JOINT VENTURE AGREEMENT
(the "Eighth Amendment"), dated as of March 6, 2007, by and
between SEMO Milling, LLC ,
a Missouri limited liability company ("SEMO"), and
Ethanex Energy North America, Inc., a Delaware corporation ("Ethanex").
RECITALS
WHEREAS, Ethanex and SEMO signed a non-binding
letter of intent dated July 3, 2006, as subsequently amended,
regarding the establishment of a joint venture company to develop,
commercialize and exploit certain technology of SEMO in connection
with the production, distribution and sale of ethanol and
ethanol-related products and corn and corn-based products from
SEMO’s Cape Girardeau, Missouri facility;
WHEREAS, Ethanex and SEMO entered into a Joint
Venture Agreement dated August 4, 2006, as subsequently amended
(the "JV Agreement"), for the formation, organization, management
and operation of a joint venture company known as Ethanex at SEMO
Port, LLC; and
WHEREAS, Ethanex and SEMO desire to further amend
the JV Agreement as set forth in this Eighth Amendment.
NOW, THEREFORE, in consideration of the above
Recitals, which are incorporated herein by reference, and the
mutual agreements contained herein and for other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledg
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