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Exhibit 10.37
FIRST AMENDMENT TO SUPPLY AGREEMENT
This is the First Amendment to the
Supply Agreement dated as of April 2, 2003, among Midas
International Corporation, a Delaware corporation
(“MIC”), Part Warehouse, Inc., a Delaware corporation
(“PWI”) (collectively “Midas”), and
AutoZone Parts, Inc., a Nevada corporation, successor by assignment
to AutoZone, Inc. (“AutoZone”) (the
“Agreement”), and shall be effective as of the 7
th
day of May,
2004.
For good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
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1.
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The Agreement is amended by
deleting Section 2(a)(iv) thereof and replacing it with the
following Section 2(a)(iv):
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(iv)
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Freight Terms
. AutoZone shall be responsible for
the freight charges relating to all shipments made to Midas Shops
under the Stocking Program, but only to the extent that the
Stocking Program order is greater than or equal to [CONFIDENTIAL
PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION] and
specifies delivery to a single Midas Shop location (or other
mutually agreed location). All products with a popularity
(“pop”) code of “W” which are ordered by a
Midas Shop under the Stocking Program shall also be included for
purposes of determining whether a Stocking Order meets the
foregoing [CONFIDENTIAL PORTION OMITTED AND FILED SEPARA
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