EXHIBIT 10.10
PLEASE NOTE THAT WE HAVE REQUESTED CONFIDENTIAL TREATMENT FOR CERTAIN PORTIONS
OF THIS EXHIBIT, WHICH PORTIONS HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE
SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES
EXCHANGE ACT OF 1934, AS AMENDED. AN [*] INDICATES THE PLACES IN THIS EXHIBIT
WHERE MATERIAL HAS BEEN OMITTED.
It's what your FAMILY deserves.(TM)
[Logo Omitted]
DOMESTIC SERVICE AGREEMENT
TYSON FRESH TRAY PACK AND FULLY COOKED ROASTED PRODUCTS
This Agreement entered upon the 1ST DAY OF MAY, 2002 and between
MILITARY RESALE GROUP, with an address at _____________________________, the
"Agent") and Tyson Foods, Inc., with an address at 0000 Xxxxxxx Xxxxx,
Xxxxxxxxxx, XX 00000 ("Tyson"):
In consideration of the promises herein contained and other valuable
consideration the parties agree as follows:
1) Tyson appoints Agent to be its non-exclusive service agent for
various Tyson brand products to the following military
installations only:
Air Force Academy Xxxxxxxx AFB
FE Xxxxxx Ft. Xxxxxx
Xxxxxxx
2) This Agreement pertains to Products listed in Defense
Logistics Agency Supply Bulletin.
3) As service agent, Agent will accept orders for Tyson products
that are placed by the Installations, consolidate any such
orders and then place the orders with Tyson.
4) Agent agrees to purchase Products from Tyson in sufficient
quantities to fulfill the Product orders placed by the
Installations and will provide a minimum of one delivery per
week to each commissary.
5) Tyson will provide the ordered products to Agent and will
invoice Agent per the terms of the Defense Logistics Agency
Supply Bulletin. Any product ordered by Agent shall be FOB
Distributor's warehouse.
6) Agent agrees to pay Tyson within 7days of the date of invoice.
7) Upon delivery of the Products to the appropriate military
installation by Agent, Agent will be issued a delivery ticket
by the appropriate authority at the particular installation.
Agent shall send the delivery ticket to Tyson, and upon
receipt of the
Tyson Foods, Inc.
Domestic Service Agreement
Frozen Products
Page 2 of 2
delivery ticket by Xxxxx, Xxxxx shall reimburse Agent for the
cost of the delivered Products plus a drayage allowance as
follows:
[*] PER POUND FOR ALL TYSON FRESH TRAY PACK
[*] PER POUND FOR ALL TYSON FULLY COOKED ROASTED, XXXXXX
X. XXXXXX, XXXXX APPLE VALLEY, AND XXXXXX BRAND BACON PRODUCTS.
8) At certain times, Tyson will provide Agent special incentives
to purchase the Product. When Tyson or Tastybird labeled
products are on special to Agent, the deal price is the price
to be used as the reimbursement (buy back) price and the price
upon which drayage will be computed.
9) Either party may terminate this Agreement by giving the other
party thirty (30) days written
notice prior to the proposed date of termination.
10) This Agreement shall be effective for a period of one (1) year
from the date forth set forth above. This Agreement shall
automatically renew for additional one (1) year terms
thereafter.
11) Agent agrees to indemnify and hold Tyson harmless for any and
all claims, losses, damages or suits resulting from Agent's
handling of the Products or any and all claims, losses,
damages or suits arising after the products were picked up by
Agent.
12) Agent agrees to maintain comprehensive general liability
insurance with a limit of $1,000,000 per occurrence and
$2,000,000 in the aggregate.
13) Tyson agrees to assist Agent in the sale of any Products that
discontinued by the Installations.
IN WITNESS WHEREOF, the parties have entered into this Agreement on the date and
year first written above.
MILITARY RESALE GROUP TYSON FOODS, INC.
By: /s/ XXXXX X. XXXXX By: /s/ XXXXXX XXXXX
------------------------------- -------------------------------
Xxxxx Xxxxx Xxxxxx Xxxxx
Date: APRIL 22, 2002 Date: APRIL 26, 2002
------------------------------ ------------------------------
