Xxxx 00, 0000
Xxxxxx Xxxxx, Inc.
0000 Xxxxx Xxxxxx Xxxx
Xx. Xxxxx, Xxxxxxxx 00000
Re: Master Procurement Agreement
Gentlemen:
As you are aware, Purina Xxxxx, Inc. ("Purina") and Xxxx Nutrient
Services (formerly known as Nutrient Supply and Trading), a division of
Xxxx Agriculture Company ("KNS"), have entered into that certain Master
Procurement Agreement dated as of March 12, 1998 (the "Agreement").
Section 1.4(b) of the Agreement obligates Purina and KNS to re-negotiate
the Discount (as defined in the Agreement) on or before the expiration
of the first year of the Agreement, which date is May 1, 1999. Pursuant
to letters dated April 30, 1999 and May 25,1999, we mutually agreed to
extend that time period until July 1, 1999. Pursuant to our
discussions, Purina and KNS have agreed to extend the time period for
the negotiation of the new discount until September 1, 1999. It is also
understood and agreed by Purina and KNS that any discount that may
ultimately be negotiated, if any, would be retroactive back to May 1,
1999.
Except as otherwise modified by this letter, the Agreement shall
remain in full force and effect. In addition, KNS and Purina
acknowledge and agree that entering into this letter agreement in no way
acts as an admission by either party that they will be able, in good
faith, to negotiate a new Discount.
If the above correctly summarizes your understanding of our
agreement on this issue, please have a duly authorized representative of
Purina execute this letter in the space provided below and return a duly
executed copy of this letter to the undersigned.
Very truly yours,
XXXX NUTRIENT SERVICES, a division of Xxxx
Agriculture Company
By: /s/ Xxxx Xxxxxxxxx
----------------------------
Print Name: Xxxx Xxxxxxxxx
Title: President
Purina Xxxxx, Inc.
April 30, 1999
Page 2
AGREED TO AND ACCEPTED this
30th day of June, 1999, by:
PURINA XXXXX, INC.
By: /s/ Xxxxxx X. Xxxxxx
-----------------------------
Print Name: Xxxxxx X. Xxxxxx
Title: President & COO
