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Exhibit 10.22
XXXXXX & XXXXXX, P.A.
00 Xxxxxx Xxxxxx
X.X. Xxx 000
Xxxxxxxxxx, XX 00000-0000
September 19, 1997
Xxxxxxx Xxxxxxxx, Esq.
Xxxxxx & Xxxxxxxx, Esq.
000 Xxxxx Xxxxxx, X.X. Xxxxxx 0000
Xxxxxxxx, XX 00000-0000
Dear Xxxxxxx:
The purpose of this letter is to confirm our discussions concerning
Article VI, Sections 6.1(b) and (c) of the Stock Purchase Agreement dated June
27, 1997 by and among Rock of Ages Quarries, Inc. (to be known as Rock of Ages
Corporation), Xxxxxx Xxxx Childs, Jr., Xxxxxx Xxxx Childs, III, Xxxxxxx Xxxxxxx
Childs and Xxxxxxx X. Childs (the "Stock Purchase Agreement"). Upon our review
of the referenced Sections of the Stock Purchase Agreement we noticed several
scriveners errors in them which do not reflect the intent of the parties to the
Stock Purchase Agreement. Specifically, the date September 1, 1997 appearing in
the second line of Section 6.1(b) and in the first and second lines of Section
6.1(c) should have been the "Closing Date," the section numbers in the second
line of Section 6.1(b) should, instead of referring to Section 3.1 or 3.3 have
referred to Sections "5.1 or 5.3" and the section numbers in the second line of
Section 6.1(c) should, instead of referring to Sections 3.2 or 3.3, have
referred to Sections "5.2 or 5.3."
We have both discussed the above matters with our clients who are
parties to the Stock Purchase Agreement. They have confirmed that the
corrections set forth above were their intent which was not accurately
transcribed in the drafting of the Stock Purchase Agreement
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Xxxxxxx Xxxxxxxx, Esq.
September 19, 1997
Page 2
by our offices and have authorized us to correct these scriveners errors and
insert a page reflecting the corrections in the Stock Purchase Agreement. Each
of our clients have signed this letter in order to indicat their agreement to
the above matters and both our office and your office have signed this letter to
indicate that these changes are being made to correct scriveners errors made by
us and for no other reason.
Very truly yours,
/s/ Xxxx X. Xxxxxx
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Xxxx X. Xxxxxx
JRM/cmv
Enclosure
CONFIRMED AND AGREED:
XXXXXX & XXXXXXXX
By: /s/ Xxxxxxx X. Xxxxxxxx
--------------------------------
Xxxxxxx X. Xxxxxxxx
CONFIRMED AND AGREED: CONFIRMED AND AGREED:
ROCK OF AGES CORPORATION F/K/A/
/s/ Xxxxxx Xxxx Childs, Jr. ROCK OF AGES QUARRIES, INC.
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Xxxxxx Xxxx Childs, Jr.
/s/ Xxxxxx Xxxx Childs, III By: /s/ Xxxx X. Xxxxxxx
----------------------------------- ----------------------------------
Xxxxxx Xxxx Childs, III Xxxx X. Xxxxxxx and CEO
/s/ Xxxxxxx Xxxxxxx Childs
-----------------------------------
Xxxxxxx Xxxxxxx Childs
/s/ Xxxxxxx X. Childs
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Xxxxxxx X. Childs
