EXHIBIT 10.35*
26 March 1997
Xxxx Xxxxxxx
Xxxxx Foods, Inc.
X.X. Xxx 00
0000 Xxxxx Xxxx
Xxxxxxxxxx, XX 00000
Dear Xx. Xxxxxxx;
As discussed, EMBREX INC. and TYSON FOODS, INC. wish to make certain amendments
to their Lease, Limited License, Supply and Service Agreement dated September
1994 (the "Agreement"). This Amendment is intended to document the amendments,
which are as follows
1. The term of the Agreement shall be extended to 31 December 2004.
2. The pricing will be: *
3. *
* Selected portions have been deleted as confidential pursuant to Rule 24b-2.
Complete copies of the entire exhibit have been filed separately with the
Commission and marked "CONFIDENTIAL TREATMENT."
4. [This section left blank in original agreement.]
5. If either party wishes to discontinue the Agreement, a written twelve month
notice must be given.
6. EMBREX has the right of last refusal to meet any offer being considered by
Tyson Foods for chick vaccination (any method).
7. Tyson will not release Embrex pricing to its hatcheries until the first of
each year.
8. *
9. All hatcheries will operate under the same pricing. Any hatchery that is
added or converted will be priced according to the date and year of
installation.
10. Tyson will maintain the provisions of the Agreement in confidence except as
(and only to the extent) otherwise required by applicable law, and even
then only with prior notice to Embrex.
11. Except as so amended, the Agreement shall remain unchanged and in full
force and effect.
Please indicate Tyson Food's agreement to these amendments by signing below and
returning one signed copy of this letter to Embrex.
EMBREX, INC. (Lessor) TYSON FOODS, INC. (Lessee)
By: /s/ Xxxxx X. Xxxxxxxx By: /s/ Xxxxx X. Xxxxxx
--------------------------- ----------------------------------------
Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxx
Vice-president Title: Executive Vice President
Operations, Warehousing & Transportation
* Selected portions have been deleted as confidential pursuant to Rule 24b-2.
Complete copies of the entire exhibit have been filed separately with the
Commission and marked "CONFIDENTIAL TREATMENT."
