FOURTH ADDENDUM TO THE MASTER AGREEMENT
EXHIBIT 10.9
FOURTH ADDENDUM TO THE MASTER AGREEMENT
Witnesseth hereby the Fourth Addendum to the Master Agreement entered into by and between:
VIRÚ S.A., identified by Taxpayer Registration (RUC) No. 20373860736, with principal place of business at Xxxxxxxxx Xxxxxxxxxxxx Xxxxx Xx. 000, Xxxxxxxx and Province of Virú, Department of La Libertad, acting by and through its General Manager, Xxxxxxx Xxxxxxx Xxxxxxx, identified by National Identity Document (DNI) No. 00000000, and its Attorney-in-Fact, Xxxxx Xxxxx Xxxxxxxxx Xxxxxxx, identified by National Identity Document (DNI) No. 00000000, as per power-of-attorney registered in Electronic Item No. 00000000 of the Registry of Legal Entities in and for Xxxxxxxx, hereinafter referred to as “LESSEE,” as party of the first part; and
CAMPOSOL S.A., identified by Taxpayer Registration (RUC) No. 20340584237, with principal place of business at Xx. Xx Xxxxx Xx. 000, xxxx 0, Xxx. El Derby de Monterrico, District of Surco, Province and Department of Lima, acting by and through Xxxxx Xxxxxx Xxxxxxx Xxxxxx, identified by National Identity Document (DNI) No. 00000000, and Xxxxx Xxxxxx Xxxxxxx Xxxxxx, identified by National Identity Document (DNI) No. 00000000, as per power-of-attorney registered in Electronic Item No. 00000000 of the Registry of Legal Entities of the Lima and Callao Registration Office, hereinafter referred to as “LESSOR,” as party of the second part.
SECTION ONE: RECITALS
| 1.1 | On December 2, 2015, the parties executed a Commercial Agreement, hereinafter referred to as the “Commercial Agreement”. Similarly, on December 17, 2015, the parties entered into the Master Commercial Agreement, hereinafter referred to as the “Agreement,” for the purpose of specifying the agreements reached in the Commercial Agreement in nine (09) annexes. |
| 1.2 | On March 6, 2017, the parties executed an addendum to the Agreement whereby they agreed to amend subsections 2.1.4 and 2.1.11 of Section Two, Section Four, Section Five, Section Eleven and the relevant part of Section Twenty of the Agreement, as well as Annexes 2, 3 and 8 thereto. |
| 1.3 | On May 15, 2017, the parties executed a Second Addendum to the Agreement whereby they agreed to amend subsection 2.1. of Section Two, subsections 3.1.3 and 3.1.10 of Section Three and Section Four of Annex 8 to the Agreement. |
| 1.4 | On March 19, 2018, the parties executed a Third Addendum to the Agreement whereby they agreed to amend Annex 3 to the Agreement. |
SECTION TWO: SUBJECT-MATTER
The parties hereby agree to amend Section Five of the AGREEMENT, as well as Annex 2 thereto, which shall read as follows:
“CAMPOSOL’S OBLIGATIONS
SECTION FIVE
CAMPOSOL hereby undertakes to:
(...)
| 5.2 | Lease to VIRÚ its Piura-based plant and all of the piquillo xxxx pepper processing equipment therein (Nor Agro) for a term of five (5) years, under the terms and conditions established in the relevant agreement attached hereto. |
ANNEX 2
PIQUILLO
XXXX PEPPER PROCESSING PLANT AND EQUIPMENT LEASE AGREEMENT
(...)
SECTION THREE: TERM
The term of this Lease is five (5) years and fifteen (15) days from the execution of the Lease, i.e. from December 17, 2015 to December 31, 2020. Furthermore, LESSOR grants LESSEE a preferential right to extend the Lease for two (2) additional years, that is, until December 31, 2022. For this purpose, LESSEE shall notify LESSOR in writing no later than June 30, 2020 of its express intention to extend the term.
(...)”
SECTION THREE: RATIFICATION
The parties ratify any and all of the clauses, terms and conditions established in the AGREEMENT and the Annexes thereto and acknowledge that those that have not been amended by this Addendum shall remain in force between them.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum, in Lima, on November 5, 2018.
LESSEE
By: /s/ Xxxxxxx Xxxxxxx Xxxxxxx
Name: Xxxxxxx Xxxxxxx Xxxxxxx
LESSEE
By: /s/ Xxxxx Xxxxx Xxxxxxxxx Xxxxxxx
Name: Xxxxx Xxxxx Xxxxxxxxx Xxxxxxx
LESSOR
By: /s/ Xxxxx Xxxxxx Xxxxxxx Xxxxxx
Name: Xxxxx Xxxxxx Xxxxxxx Xxxxxx
LESSOR
By: /s/ Xxxxx Xxxxxx Xxxxxxx Xxxxxx
Name: Xxxxx Xxxxxx Xxxxxxx Xxxxxx
CSOL-2018-00526
APPROVED: LEGAL DEPARTMENT
MJA
