EXHIBIT 10.38
[THIS AGREEMENT NOW BETWEEN XXXXXX CIRCULATION COMPANY AND FIRESTONE PUBLISHING,
INC., AS ASSIGNEE OF DUGENT PUBLISHING CORP.]
XXXXXX CIRCULATION COMPANY
February 3, 1994
Xx. Xxxxxx Xxxxxxxxxx
Xxxxxx Publishing Corp.
0000 Xxxxxxx Xxxx
Xxxxx 000
Xxxxx Xxxxxx, Xxxxxxx 00000
Dear Xxxxxx:
Pursuant to our discussion, the Distribution Agreement between XXXXXX
CIRCULATION COMPANY ("XXXXXX") and DUGENT PUBLISHING CORP. ("DUGENT") dated
April 22, 1983, as amended, is herein further amended as follows:
Paragraph 11 (a) is replaced with the following: "FIRST ADVANCE: 22.5% of
XXXXXX'X billing to its customers less XXXXXX'X distribution fee paid after
XXXXXX receives notification from Publisher's printer of completion of shipment.
In the event that the aggregate net sale percentage for all titles should fall
below 30%, XXXXXX reserves the right to use 75% of the unit sales of the average
of the last three complete issues in order to calculate the first advance.
This Amendment shall become effective on March 1, 1994.
Please acknowledge the acceptance of the terms of this Amendment and intent to
be legally bound hereby by signing the enclosed letter and returning it to me
for inclusion in our contract files.
Sincerely,
Xxxxxx X. Xxxxxxxxx
Vice President
Finance and Operations
Acknowledged and agreed:
DUGENT PUBLISHING CORP.
By:/s/
2/4/94
