0001104659-04-036052 Sample Contracts

AGREEMENT BETWEEN OWNER AND DESIGN/BUILDER ON THE BASIS OF A STIPULATED PRICE
Design/Build Agreement • November 15th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas

THIS AGREEMENT is made and entered into this 9th day of August, 2004 by and between East Kansas Agri-Energy, LLC, a Kansas limited liability company (hereinafter called OWNER) and ICM, Inc., a Kansas corporation (hereinafter called DESIGN/BUILDER).

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UNIT PURCHASE AND REDEMPTION AGREEMENT
Unit Purchase and Redemption Agreement • November 15th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals • Kansas

THIS UNIT PURCHASE AND REDEMPTION AGREEMENT, (the “Agreement”) dated September 27, 2004, is made by and between East Kansas Agri-Energy, LLC (the “Company”), ICM, Inc. (“ICM”) and Fagen, Inc. (“Fagen”) for the purpose of setting forth the terms and conditions under which the Company shall issue its membership units (“Units” as further described herein) to ICM and Fagen in exchange for capital contributions from ICM and Fagen and the terms and conditions under which the Company shall redeem such Units from ICM and Fagen.

FIRST AMENDMENT TO AMENDED AND RESTATED OPERATING AGREEMENT OF EAST KANSAS AGRI-ENERGY, L.L.C.
Operating Agreement • November 15th, 2004 • East Kansas Agri Energy LLC • Industrial organic chemicals

THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED OPERATING AGREEMENT OF EAST KANSAS AGRI-ENERGY, L.L.C. dated March 13, 2002 (the “Operating Agreement”) is adopted and approved effective as of the 16th day of September, 2004, by the affirmative vote of a majority of the members of East Kansas Agri-Energy, L.L.C. (the “Company”) pursuant to Chapter 17 Section 76 of the Code of the State of Kansas and pursuant to Section 8.1 of the Operating Agreement of the Company at a Meeting of the Members held on September 16, 2004.

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