Exhibit 10.44
FIRST AMENDMENT
TO THE "AGREEMENT FOR PURCHASE AND SALE OF
WASTE ROCK FROM THE XXXXXXX CAMP MINE"
This document is an amendment ("Amendment") to the "Agreement for Purchase and
Sale of Waste Rock from the Xxxxxxx Camp Mine" dated December 23, 2004
("Agreement") between Nord Resources Corporation ("Seller") and JC Rock, LLC
("Purchaser").
A) Seller and Purchaser hereby agree to extend the term of the Agreement to June
30, 2005. Should one of Purchaser's customers be awarded the contract to supply
60,000 tons of rock for the "Tombstone" contract on or before May 30, 2005, the
term of the Agreement shall be extended to July 31, 2005. The Agreement may be
additionally extended by special arrangement on specific contracts at the sole
discretion of Seller.
B) Seller hereby agrees to reduce the royalty from $2.00 per ton to $1.00 per
ton only on fines and rock sold by Purchaser to individuals, companies or
organizations where the sales price to such individuals or companies is less
than $6.00 per ton, FOB Xxxxxxx Camp.
C) Purchaser hereby acknowledges that the Agreement is non-exclusive and Seller
has the right to sell any and all Xxxxxxx Camp rock that is not in Purchaser's
inventory to any individual, company or organization during the term of the
Agreement.
Dated December 28, 2004
NORD RESOURCES CORPORATION JC ROCK, LLC
By: /s/ Xxxxx Xxxxxxxxx By: /s/ Xxxxx X. Xxxxxx
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Title: Secretary Title: Member