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Exhibit 10.11
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West Liberty Foods
P.O. Box 318, 000 X. 0xx Xx., Xxxx Xxxxxxx, XX 00000 Phone (000) 000-0000 • Fax (000) 000-0000 |
MUTUAL CONTRACT REGARDING SALE OF GOODS
- 1.
- Deja
Foods will purchase all of West Liberty Foods ("WLF") #2 sliced and ends & pieces meats and cheeses and WLF will sell all their #2 sliced and ends & pieces meats and
cheeses exclusively to Deja Foods for a 12-month period beginning April 4, 2005.
- 2.
- WLF
anticipates an annual volume of approximately 4 million pounds of product, but does not make any guarantee to a particular volume.
- 3.
- WLF
will package the products 40# vacuum sealed and will be transferred into Deja Foods account frozen.
- 4.
- WLF
will label all products with Deja Foods label and will make sure that all products are Julian code dated.
- 5.
- The
agreed upon price of the #2 sliced will be $0.62 per pound and the end & pieces will be $.35 per pound F.O.B. Xxxxxxx C/S, Iowa City, IA and/or Xxxxxxx C/S, Mt. Pleasant,
IA.
- 6.
- Payment
will be due within 10 days of the invoice date.
- 7.
- Deja
Foods agrees to have the products transfer into their account within 72 hours of receipt of an organized inventory list from WLF.
- 8.
- Deja
Foods will be responsible for selecting carriers to transport the product and be responsible for all costs or losses relating to transportation of the products from Xxxxxxx C/S.
- 9.
- WLF
will bear the risk of loss or damage to the product to the point of transferring into Deja Foods account at Xxxxxxx C/S and Deja Foods will bear the risk of loss or damage
thereafter.
- 10.
- In
the event of any proceeding claim or action being filed or instituted between Deja Foods and WLF in regards to this agreement, the prevailing party will be entitled to receive from
the other party all costs, damages, expenses, including reasonable attorney fees, incurred by the prevailing party in connection with that action or proceeding, whether or not the controversy is
reduced to judgement or award.
- 11.
- This agreement embodies the entire understanding between Deja Foods and WLF and supersedes all prior understandings between the parties. Any modification of the terms set forth in this agreement will be binding only if set forth in a subsequent written document signed by each party.
AGREED: | AGREED: | |||||
West Liberty Foods |
Deja Foods |
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By: | /s/ XX XXXXXXX Xx Xxxxxxx President/CEO |
By: | /s/ XXXXX XXX Xxxxx Xxx President |
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Date: |
Date: |
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MUTUAL CONTRACT REGARDING SALE OF GOODS