EXHIBIT 10.11
[TYSON LOGO(R)] It's what your FAMILY deserves.(TM)
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,
THORN APPLE VALLEY, AND XXXXXX BRAND XXXXX 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: By:
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Xxxxx Xxxxx Xxxxxx Xxxxx
Date: Date:
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