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Exhibit 10.1
SECOND AMENDMENT TO AGREEMENT TO
SOLICIT SALVAGEABLE PROPERTY
THIS SECOND AMENDMENT TO AGREEMENT TO SOLICIT SALVAGEABLE PROPERTY
("Amendment") is made and entered into effective this 24th day of July, 1997,
by and between HALLANDALE THRIFT MANAGEMENT, INC., a Florida corporation
("Solicitor"), and MISSING CHILDREN AWARENESS FOUNDATION, INC., a Florida
not-for-profit corporation ("Charity").
W I T N E S S E T H:
WHEREAS, Thrift Management, Inc. and Charity entered into that certain
Agreement to Solicit Salvageable Property dated December 1, 1993, as amended
January 1, 1996 ("Agreement"), pursuant to which Thrift Management, Inc. agreed
to solicit items of salvageable property and merchandise on behalf of and for
the benefit of the Charity; and
WHEREAS, Thrift Management, Inc. previously assigned its rights as
Solicitor under the Agreement to Hallandale Thrift Management, Inc.; and
WHEREAS, Solicitor and Charity have agreed to further amend certain
provisions of the Agreement, as more fully set forth herein.
NOW, THEREFORE, in consideration of the Agreement and mutual covenants
set forth herein, and for other good and valuable consideration, the receive
and sufficiency of which is hereby acknowledged, the parties hereto, intending
to be legally bound, hereby agree as follows:
1. Except as otherwise provided herein, all defined terms shall
have the meaning set forth in the Agreement.
2. The Agreement is hereby amended by the insertion of Section 1A
as follows:
Solicitor shall have the right, but not the obligation, to use
collection trailers and drop boxes for the solicitation of
contributions of Property to the Charity, which trailers and
drop boxes may bear the name of the Charity. All such trailers
and drop boxes shall be owned by Solicitor, and Solicitor shall
be solely responsible for the maintenance of such trailers and
drop boxes, the collection of Property from such trailers and
drop boxes, and compliance with all applicable zoning rules and
regulations with respect to the placement of such trailers and
drop boxes. The Charity shall have no rights or obligations with
respect to the trailers or drop boxes.
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3. In the event of any inconsistencies between this amendment and the
Agreement, the terms of this Amendment shall control. As hereby amended, the
Agreement is hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
effective on the date first above-written.
Signed, sealed and delivered HALLANDALE THRIFT MANAGEMENT,
in the presence of: INC., a Florida corporation
/s/ Xxxxx Xxxxxxxx By: /s/ Xxxx Xxxxxxx
---------------------------- -------------------------
Xxxxx Xxxxxxxx Xxxx Xxxxxxx
/s/ Xxxx Xxxxx
---------------------------- MISSING CHILDREN AWARENESS
Xxxx Xxxxx FOUNDATION, a Florida not-for-profit
corporation
/s/ Xxxxxx X. Babwitz By: /s/ Xxxx Xxxxxx
---------------------------- -------------------------
Xxxxxx X. Babwitz Xxxx Xxxxxx
/s/ Xxxxxxx Xxxxxx
----------------------------
Xxxxxxx Xxxxxx
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