Exhibit 10.05(a)
FORM OF AMENDMENT NO. 1
TO
CUSTOMER AGREEMENT
WHEREAS, XXXXXX XXXXXXX CHARTER XXXXXXXX X.X., a Delaware
limited partnership (the "Customer"), and XXXXXX XXXXXXX XX INC., a Delaware
corporation ("Xxxxxx Xxxxxxx XX"), have agreed to amend the Customer Agreement,
dated as of August 31, 2002 (the "Customer Agreement"), by and between the
Customer and Xxxxxx Xxxxxxx XX, to reduce the brokerage fee payable to Xxxxxx
Xxxxxxx XX.
WHEREAS, all provisions contained in the Customer Agreement
remain in full force and effect and are modified only to the extent necessary to
provide for the amendment set forth below.
NOW, THEREFORE, the parties hereto hereby amend the Customer
Agreement as follows:
1. The brokerage fee percentage of 1/12 of 6.75% (a 6.75%
annual rate) referred to in the first paragraph of Section 5 of the Customer
Agreement is hereby reduced to 1/12 of 6.25%. (a 6.25% annual rate).
2. The foregoing change shall take effect as of August 1,
2003.
IN WITNESS WHEREOF, this Amendment to the Customer Agreement
has been executed for and on behalf of the undersigned as of the 31st day of
July, 2003.
XXXXXX XXXXXXX CHARTER XXXXXXXX X.X.
By:Demeter Management Corporation,
General Partner
By:____________________________________
Name: Xxxxxxx X. Xxxxxxx
Title: President
XXXXXX XXXXXXX XX INC.
By:____________________________________
Name: Xxxxxxx X. Xxxxxxx
Title: Executive Director