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Marketing Agreement > Re:
Renewal of EU Term of the Amended and Restated Exclusive Agency and Marketing Agreement dated as of September 30, 1998 between The Scotts Company LLC and Monsanto Company ("Agreement").
Dear Mr. Casale:
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Monsanto
Company
800 N. Lindbergh Blvd.
St. Louis, MO 63167
Attn: Carl M. Casale
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Re:
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Renewal of EU Term of the Amended
and Restated Exclusive Agency and Marketing Agreement dated as of
September 30, 1998 between The Scotts Company LLC and Monsanto
Company (“Agreement”).
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The second EU
Term described in Section 10.2(a)(2) of the Agreement expires
on September 30, 2008.
The parties
have agreed to modify and amend the terms of the Agreement to
extend the EU Term by three (3) years (plus up to two
additional automatic renewal periods of two (2) years each)
rather than the seven (7) years contemplated by
Section 10.2(a)(2) of the Agreement.
Accordingly,
the parties agree that Section 10.2(a)(2) of the Agreement is
hereby amended and restated to read as follows:
“(2)
Following the renewal of the EU Term pursuant to
Section 10.2(a)(1), the parties may mutually agree to renew
the EU Term of this Agreement for an additional three
(3) years, unless otherwise prohibited herein; provided, that,
in the event that the EU Term is mutually renewed for an additional
three (3) years as contemplated by this
Section 10.2(a)(2), then subsequent to such three
(3) year period, the EU Term shall be automatically renewed
for up to two additional two (2) year periods unless, (i) in
the case of the first such automatic two (2) year renewal
period, Monsanto has provided the Agent with notice not later than
six (6) months preceding the date on which the three (3) year
renewal period terminates, that there has been a Regional
Performance Default in the UK and France occurring after
September 30, 2008 (provided that for purposes of c
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