0001546380-19-000021 Sample Contracts

THIRD AMENDED AND RESTATED EXCLUSIVE AGENCY AND MARKETING AGREEMENT by and between
Exclusive Agency and Marketing Agreement • July 31st, 2019 • Scotts Miracle-Gro Co • Agricultural chemicals • Delaware

This THIRD AMENDED AND RESTATED EXCLUSIVE AGENCY AND MARKETING AGREEMENT (this “Agreement”) is entered into by and between Monsanto Company, a Delaware corporation (“Monsanto”), and The Scotts Company LLC, an Ohio limited liability company (f/k/a The Scotts Company, an Ohio corporation) (the “Agent”), to be effective on August 1, 2019 (the “Third Amendment Date”) to amend, restate and supersede in its entirety the Second Amended and Restated Exclusive Agency Marketing Agreement, dated August 31, 2017, and all other agreements addressed by or incorporated into this Agreement, dated as of September 30, 1998, as amended and restated as of November 11, 1998, and as amended and/or restated from time to time (collectively, the “Original Agreement”), with respect to the countries and territories described in this Agreement. Monsanto and the Agent are sometimes referred to herein as the “parties.”

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ASSET PURCHASE AGREEMENT BY AND BETWEEN MONSANTO COMPANY AND THE SCOTTS COMPANY LLC Dated July 29, 2019
Asset Purchase Agreement • July 31st, 2019 • Scotts Miracle-Gro Co • Agricultural chemicals • Delaware

THIS ASSET PURCHASE AGREEMENT (the “Agreement”) is entered into as of this 29th day of July, 2019, by and between Monsanto Company, a Delaware corporation (the “Buyer”), and The Scotts Company LLC, an Ohio limited liability company (“Seller”). Capitalized terms are defined in Article 1.

BRAND EXTENSION AGREEMENT TERMINATION AGREEMENT
Brand Extension Agreement Termination Agreement • July 31st, 2019 • Scotts Miracle-Gro Co • Agricultural chemicals • Delaware

This BRAND EXTENSION AGREEMENT TERMINATION AGREEMENT (this “Agreement”) is entered into July 29, 2019 and effective as of August 1, 2019 (the “Effective Date”), by and between Monsanto Company, a Delaware corporation (“Monsanto”), and The Scotts Company LLC, an Ohio limited liability company (“Scotts”). Each of Monsanto and Scotts may be referred to herein as a “Party” or collectively as the “Parties.”

COMMERCIALIZATION AND TECHNOLOGY AGREEMENT TERMINATION AGREEMENT
Commercialization and Technology Agreement Termination Agreement • July 31st, 2019 • Scotts Miracle-Gro Co • Agricultural chemicals • Delaware

This COMMERCIALIZATION AND TECHNOLOGY AGREEMENT TERMINATION AGREEMENT (this “Agreement”) is entered into July 29, 2019 and effective as of August 1, 2019 (the “Effective Date”), by and between Monsanto Company, a Delaware corporation (“Monsanto”), and The Scotts Company LLC, an Ohio limited liability company (“Scotts”). Each of Monsanto and Scotts may be referred to herein as a “Party” or collectively as the “Parties.”

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