SUPPLEMENT TO SEATTLE FILM WORKS
CONTRACT DATED AUGUST 18, 1995
[Note: Confidential portions of this document have been omitted (such portions
being marked by brackets) and have been filed separately with the Securities and
Exchange Commission.]
Re: Changes to the contract addendum
2. Products/Pricing
----------------
Film
Running Meters
Invoice
CN 100 135 RM $[____]/RM
CN 200 135 RM $[____]/RM
CN 400 135 RM $[____]/RM
======================================
During each [_____ (__)_____] period of this contract (starting
October 1, 1995), once Seattle Film Works has purchased
[_____________] running meters (all speeds combined) the following
prices will go into effect for the balance of the period:
CN 100 135 RM $[____]/RM
CN 200 135 RM $[____]/RM
CN 400 135 RM $[____]/RM
======================================
20-Exposure Pre-Spooled:
======================================
CN 200 135-20 $[__]/ea
CN 400 135-20 $[__]/ea
======================================
During each [__________ (__) ____] period of this contract (starting
October 1, 1995), once Seattle Film Works has purchased [_________]
rolls of 20-exposure pre-spooled film (all speeds combined) the
following prices will go into effect for the balance of the period:
CN 200 135-20 $[__]/roll
CN 400 135-20 $[__]/roll
======================================
42
[Note: Confidential portions of this document have been omitted (such portions
being marked by brackets) and have been filed separately with the Securities and
Exchange Commission.]
Minimum shipments per order [_____] rolls per speed.
During each [_____ (__) ____] period of this contract Seattle Film
Works will receive a [__]% rebate when the combined purchases of
running meters and pre-spooled 20-exposure exceed $[_________].
Seattle Film Works will provide Agfa a [______] rolling forecast, the
first [______] are fixed. If Agfa fails to meet the delivery dates at
the fixed forecast a penalty of a [__]% will apply to the value of the
late delivery.
3. Pricing Review
--------------
The first paragraph of this section is deleted and replaced by the
following:
Both parties agree to a pricing review upon each anniversary date of
this agreement. In view of the constant, rapidly rising costs of
pulp, plastics and other raw material costs for producing paper, film
and chemistry, Agfa will seek an annual price increase of at least
[__]% to compensate for such inflationary costs. The adjustment could
however, be more depending on general price increases in the
marketplace.
Agfa will propose a proper raw material indexing system as a basis for
future price adjustments.
Should both parties not come to terms upon the price adjustments by
the anniversary date, either SFW or Agfa can cancel the contract for
either paper, film or chemistry or all with [__] days notice. In such
an event, Agfa agrees to ship product at the original price in
reasonable quantities for [__] days from date of cancellation. Price
renegotiations can also occur should SFW deviate significantly from
the projected volumes.
43
In case of extraordinary circumstances, such as rampant inflation of
related costs beyond seller's control, seller can require
renegotiations at any time and the aforementioned exit clause will
also apply.
AGREED TO:
Date: March 29, 1996 Date: March 29, 1996
By:/s/ Case H. Kuehn By:/s/ Urs W. Stampfli
Case H. Kuehn Urs W. Stampfli
Title: Treasurer Title: Vice President Marketing
44