Exhibit 10.33
Xxxxxxxx Group, Inc.
000 X. Xxxxxxxxxx Xxxx
Xxxxxxxx, XX 00000
000-000-0000
XXXXXXXX GROUP
AGREEMENT FOR FLAT PRICE SALE
DATE: December 17, 1999
SELLER: BUYER:
Xxxxxxxx Cheese, Uno Restaurant Corp.
An Operating Unit of 000 Xxxxxxx Xxxx Xx.
Xxxxxxxx Group, Inc. West Roxbury, MA
000 Xxxxx Xxxxxxxxxx Xxxx 00000
ITEM: 8/6# 2.5% Mozzarella Loaf Item #000-0000-000
FINISHED GOODS PRICE: $1.39/lb. A $.01/lb accrual will be established and paid
to buyer quarterly.
QUANTITY: 7,760,000 lbs. (approximately 161,667 cases) January 1, 2000 through
December 31, 2000.
SHIPMENT: Monthly volumes as follows: January 600,000 lbs. (approx. 12,500
cases); February 760,000 lbs. (approx. 15,833 cases); March 480,000 lbs.
(approx. 10,000 cases); April 560,000 pounds (approx. 11,667 cases); May 840,000
lbs. (approx. 17,500 cases); June 600,000 lbs. (approx. 12,500 cases); July
760,000 lbs. (approx. 15,833 cases); August 800,000 lbs. (approx 16,667 cases);
September 480,000 lbs. (approx. 10,000 cases); October 600,000 lbs. (approx.
12,500 cases); November 760,000 lbs. (approx. 15,833 cases); December 520,000
lbs. (approx. 10,833 cases).
F.O.B.: From the plant shipping the final finished product.
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ADDITIONAL
CONDITIONS:
1. Buyer is permitted a 15% volume tolerance plus or minus the monthly
contracted pounds.
2. Any open monthly order shortfalls/excesses from the original monthly
shipment quantity after the monthly tolerances are calculated will be
settled against the BFP/Class III milk settlement price for that
particular month. Fixed BFP/Class III milk prices for purposes of
setting the flat price of this Agreement are shown immediately below:
BASE BFP/CLASS III MILK PRICES
The following are the base prices of determining the price of the
Agreement. They are the closing BFP/Class III milk futures prices of
December 16, 1999.
January 2000 $10.38/cwt. July 2000 $12.49/cwt.
February 2000 $10.52/cwt. August 2000 $12.80/cwt.
March 2000 $10.55/cwt. September 2000 $12.99 cwt.
April 2000 $10.95/cwt October 2000 $12.87/cwt.
May 2000 $11.16/cwt November 2000 $12.80/cwt.
June 2000 $11.60/cwt. December 2000 $12.80/cwt.
3. Calculation of the settlement is the difference between the contract
base price listed in the above table and the specified monthly
BFP/Class III settlement price multiplied by the short/excess milk
pounds required for manufacturing the cheese shipped in that particular
month. The conversion factor shall be 10 pounds of milk to 1 pound of
cheese.
4. The Seller and the Buyer also may agree mutually to reschedule
shipment.
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XXXXXXXX GROUP, INC. UNO RESTAURANT CORP.
By: /s/ Xxxxx X. Xxxxxxx By: Xxxx X. Xxx
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Its: Vice President - Sales Its: Executive Vice President
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Date: 12/22/99 Date: 12/27/99
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