XXXXXX, XXXXX & CO.
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INTERMEDIARY AGREEMENT
This agreement confirms the understanding between Xxxxxx, Xxxxx &
Co., (Consultant) and JEVIC Transportation, Inc. (Buyer) in regard to the
possible acquisition of stock or assets of BOSTON BUFFALO EXPRESS, INC.
brought forward by Xxxxxx, Xxxxx & Co. It is understood that Consultant
will act only on behalf of Buyer as Buyer's agent and only in the interest
of Buyer, until such time as Buyer withdraws from active consideration of the
acquisition.
In the event an acquisition or merger is consummated by the Buyer, or a
business the Buyer controls, the Buyer agrees to pay a fulfillment fee to the
Consultant, as a Buyer disbursement at closing, in the amount of 7% of the
purchase price.
The full amount of the fee will apply whether the purchase is for all
assets or stock or less than the total, and regardless of the method of payment;
whether it be stock, cash, notes or other debt instruments, covenants not to
compete or deferred compensation to the owner.
Accepted: JEVIC Transportation, Inc.
By: /s/ Title: /s/
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Date: October 1996 SIGNATURES ON FILE
0000 Xxxxx Xxxx Xxxxx
Xxxxxxx, XX 00000
