IMPERIUM RENEWABLES, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • May 23rd, 2007 • Imperium Renewables Inc • Washington
This Indemnification Agreement (the “Agreement”) is entered into on , 200 , between Imperium Renewables, Inc., a Washington corporation (the “Company”), and , a director, officer, or both, of the Company and/or one or more of its subsidiaries (“Indemnitee”), for good and valuable consideration as set forth below.
METHANOL SALES AGREEMENTMethanol Sales Agreement • May 23rd, 2007 • Imperium Renewables Inc • Texas
This METHANOL SALES AGREEMENT (the “Agreement”) is made on December 8th, 2006 between Methanex Methanol Company at 15301 Dallas Parkway, Suite 1150, Addison, TX 75001-6480, (“Seller”), and Imperium Renewables, 1418 Third Avenue, Suite 300, Seattle, WA, 98101, (“Buyer”).
LEASE AGREEMENTLease Agreement • May 23rd, 2007 • Imperium Renewables Inc • Washington
THIS LEASE AGREEMENT (the “Lease”) is entered into this 16th day of March, 2004, between American Life Inc., and Vincent DeLuca, Tenants in Common (“Landlord”), and John Plaza, (“Tenant”). Landlord and Tenant agree as follows:
IMPERIUM GRAYS HARBOR LLC CONSTRUCTION AGREEMENT COST PLUS FEEConstruction Agreement • May 23rd, 2007 • Imperium Renewables Inc • Washington
THIS AGREEMENT is made effective this 25th day of August, 2006, by and between Imperium Grays Harbor LLC, a Washington limited liability company (the “Owner”) and JH Kelly LLC, a Washington limited liability company (the “Contractor”). Each of the Owner and the Contractor may be referred to as a “Party” and collectively as the “Parties.”
STERLING BUILDING LEASE AGREEMENTLease Agreement • May 23rd, 2007 • Imperium Renewables Inc • Washington
The undersigned (“Tenant”) hereby warrants, represents and certifies to and agrees with , , whose mailing address is (“Lender”), the following statements set forth below in this Tenant Estoppel Certificate (the “Certificate”) with the understanding that Lender is relying on such warranties, representations, certifications and agreements in this Certificate as an inducement to the Lender in making a permanent loan (the “Loan”) to (“Landlord”), secured by, among other things, that certain deed of trust/mortgage, assignment of rents and security agreement executed (or to be executed) by Landlord for the benefit of Lender (the “Instrument”) encumbering the land and buildings located on the property as more particularly described on Exhibit A attached hereto (the “Mortgaged Property”). Based upon the foregoing, Tenant hereby warrants, represents and certifies as follows:
SEATTLE BIOFUELS, INC. KEY EMPLOYEE AGREEMENT FOR MARTIN TOBIASEmployment Agreement • May 23rd, 2007 • Imperium Renewables Inc • Washington
This Employment Agreement between Seattle Biofuels, Inc, a Washington corporation, and Martin Tobias, a Washington resident, is dated as of May 23, 2005.
IMPERIUM RENEWABLES, INC. SECOND AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • May 23rd, 2007 • Imperium Renewables Inc • Washington
This Second Amended and Restated Investor Rights Agreement (this “Agreement”), made as of February 7, 2007, amends and supersedes in its entirety that certain Amended and Restated Investor Rights Agreement (the “Existing Agreement”) dated October 30, 2006, by and among Imperium Renewables, Inc. (formerly Seattle Biofuels, Inc.), a Washington corporation (the “Company”), the investors listed on Exhibit A and certain Investors listed on Exhibit A-1, thereto and hereto (each, an “Investor” and, collectively, with their permitted transferees, the “Investors”), and the holders of Common Stock (the “Common Stock”) listed on Exhibit B thereto and hereto (each, a “Common Holder” and, collectively, with their permitted transferees, the “Common Holders”). Each Additional Investor, as defined below, who executes a counterpart of this Agreement, shall be and become an additional “Investor” pursuant to this Agreement.
PORT OF GRAYS HARBOR LEASE NO. 1014Lease Agreement • May 23rd, 2007 • Imperium Renewables Inc • Washington
THIS AGREEMENT OF LEASE entered into by and between the PORT OF GRAYS HARBOR, a municipal corporation of the State of Washington, as Lessor, hereinafter referred to as “Owner”, and IMPERIUM GRAYS HARBOR, LLC a Washington limited liability company, as Lessee, hereinafter referred to as “Tenant” is dated as of May 15, 2006.
