CONSENT TO ASSIGNMENT AND ASSUMPTION OF MARKETING AGREEMENT
Exhibit 10.4
CONSENT
TO ASSIGNMENT AND ASSUMPTION OF
MARKETING AGREEMENT
MARKETING AGREEMENT
The undersigned and Commodity Specialists Company, a Delaware corporation (“CSC”),
are parties to that certain Distiller’s Grain Marketing Agreement dated as of March 1,
2004 (the “Marketing Agreement”).
On August 8, 2007, CSC and CHS Inc., a Minnesota cooperative corporation (“CHS”),
entered into an Assignment and Assumption Agreement (the “Assignment and Assumption
Agreement”), under which CSC assigned to CHS all of its right, title and interest in and
to the Marketing Agreement, subject to receiving consent to such assignment from the
undersigned.
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged:
1. The undersigned hereby consents and agrees to:
(a) the assignment by CSC to CHS of all of CSC’s right, title and interest in
and to the Marketing Agreement, as described in the Assignment and Assumption
Agreement;
(b) the assumption by CHS of the duties, obligations and liabilities of CSC
under the Marketing Agreement which arise on or after the date hereof, subject
to the terms and conditions set forth in the Assignment and Assumption Agreement; and
(c) deliver all notices required to be delivered to CHS under the Marketing
Agreement on or following the date hereof, to the following address:
CHS Inc.
X.X. Xxx 00000
Xx. Xxxx, Xxxxxxxxx 00000-0000
Attn: Xxxx Xxxxxxxxxxx
Facsimile: 000-000-0000
X.X. Xxx 00000
Xx. Xxxx, Xxxxxxxxx 00000-0000
Attn: Xxxx Xxxxxxxxxxx
Facsimile: 000-000-0000
2. In
conjunction with this consent, the undersigned hereby acknowledges:
(a)
the Marketing Agreement is in full force and effect and has not been
modified or amended, except as stated herein; and
(b) each party to the Marketing Agreement has performed all obligations
required under it as of the date hereof and there is no default under the
Marketing Agreement or facts or circumstances which with the passing of time or giving
of notice would constitute a default thereunder.
Date: 0-00-00 | Xxx Xxxxx Xxxxxx LLC |
|||
By: | /s/ Xxxx X. Xxxxxx | |||
Its: PRESIDENT | ||||