AMENDMENT NO. 1 TO SUPPLY AGREEMENT
(PKDM Holdings, Inc.)
This Amendment No. 1 to Supply Agreement is made this 16th day of January 2009, by and among ROCK OF AGES CORPORATION, a Delaware corporation with its principal office located at 560 Graniteville Road, Graniteville, Vermont 05654 ("ROA"); and PKDM HOLDINGS, INC., a Kentucky corporation with its principal office located at 1407 N. Dixie Highway, Elizabethtown, KY 42702, (the "Parent"), North American Heritage Services, Inc., a Delaware corporation with its principal office located at 1407 N. Dixie Highway, Elizabethtown, KY 42702, ("NAHS"), KEITH MONUMENT COMPANY, LLC, a Delaware limited liability company with its principal office located at 1407 N. Dixie Highway, Elizabethtown, KY 42702, ("Keith"), and SIOUX FALLS MONUMENT CO., INC. , a South Dakota corporation with its principal office located at 4901 West 12th Street, Sioux Falls, SD 57106 ("Sioux Falls") (Parent, NAHS, Keith, and Sioux Falls, are collectively referred to herein as "Retailer"). | |
RECITALS: | |
WHEREAS, ROA and Retailer entered into an Authorized Retailer, Supply and License Agreement dated January 17, 2008, ("Supply Agreement"); WHEREAS, Retailer sold or permanently closed retail stores that were operated by Retailer on the date of the Supply Agreement without opening a new store; and WHEREAS, in accordance with Section 9.b of the Supply Agreement, the Minimum Annual Purchase requirement described in Section 7 of the Supply Agreement is required to be adjusted downward by an amount equal to the three year average annual purchases (excluding Mausoleums) of such closed or sold stores. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are herein and hereby acknowledged, the parties agree as follows:
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IN WITNESS WHEREOF, the parties hereto have executed this agreement all as of the date first above written. | |
DATED: March 10, 2009 | |
WITNESS | ROCK OF AGES CORPORATION | |
By: /s/ Donald M. Labonte_________________ | ||
Donald M. Labonte, President | ||
_________________________ | PKDM HOLDINGS, INC. | |
By: /s/ Richard M. Urbach___________________ | ||
Richard M. Urbach, President | ||
NORTH AMERICAN HERITAGE SERVICES, INC. | ||
By: /s/ Richard M. Urbach,_________________ | ||
Richard M. Urbach, President | ||
KEITH MONUMENT COMPANY, LLC | ||
__________________________ | By: /s/ Richard M. Urbach__________________ | |
Richard M. Urbach, President | ||
__________________________ | SIOUX FALLS MONUMENT CO., INC. | |
By: /s/ Richard M. Urbach__________________ | ||
Richard M. Urbach, President |