Exhibit 10.35
AGREEMENT FOR FLAT PRICE SALE
DATE: September 29, 2000 (supercedes Agreement of December 17, 1999, amendment
of May 4, 2000, and amendment of July 19, 2000).
SELLER: BUYER:
Xxxxxxxx Cheese, Uno Restaurant Corp.
An Operating Unit of 100 Xxxxxxx Park Road
Xxxxxxxx Group, Inc. West Roxbury, MA
000 Xxxxx Xxxxxxxxxx Xxxx 00000
Xxxxxxxx, XX 00000
ITEM: 8/6# 2.5% Mozzarella Loaf Item #000-0000-000
FINISHED GOODS PRICE: $1.34/LB. A $.0125/lb. accrual will be established and
paid to buyer quarterly.
QUANTITY: 7,412,000 lbs. (approximately 154,417 cases) October 23, 2000 through
August 31, 2001.
SHIPMENT: Monthly volumes as follows: 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); January 690,000 lbs. (approx. 14,375
cases); February 874,000 lbs. (approx. 18,208 cases); March 552,000 lbs.
(approx. 11,500 cases); April 644,000 lbs. (approx. 13,417 cases); May 966,000
lbs. (approx. 20,125 cases); June 690,000 lbs. (approx. 14,375 cases), July
836,000 lbs. (approx. 17,417 cases); August 880,000 lbs. (approx. 18,333 cases).
F.O.B.: From the plant shipping the final finished product.
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 2001-April 2001 Class III milk futures
prices are closing prices from May 4, 2000. May-June 2001 Class III
milk futures are closing prices from July 19, 2000. July-August 2001
Class III milk futures prices are closing prices from September 29,
2000.
August 2000 $12.80/cwt. February 2001 $10.65/cwt.
September 2000 $12.99/cwt. March 2001 $10.71/cwt.
October 2000 $12.87/cwt. April 2001 $10.71/cwt.
November 2000 $12.80/cwt. May 2001 $10.60/cwt.
December 2000 $12.80/cwt. June 2001 $10.90/cwt.
January 2001 $10.85/cwt. July 2001 $10.89/cwt.
August 2001 $10.92/cwt.
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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.
XXXXXXXX GROUP, INC.
By: Xxxxx Xxxxxxx
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Its: Vice President of Sales
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Date: October 11, 2000
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UNO RESTAURANT CORP.
By: Xxxx Xxx
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Its: Executive Vice President
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Date: October 31, 2000
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