1
Exhibit 10.11
INDI BEL, INC. WITH AQUA PRO CORPORATION
CONTRACT AGREEMENT
CONTRACT NO. 1003
THIS AGREEMENT made and entered into this the 25th day of August, 1997, by
and between INDI-BEL, INC., d/b/a DELTA WESTERN, and the undersigned member of
DELTA WESTERN.
WITNESSETH THAT:
In consideration of the mutual covenants and agreements herein contained,
the parties hereto agree as follows:
I
DELTA WESTERN agrees to sell and deliver to AQUA PRO CORPORATION between
January 1, 1998 and December 31, 1998 and member agrees to purchase and receive
from DELTA WESTERN during stated period of time 2000 tons of 32% floating
catfish feed. Member has the option to receive a lower or higher percent of
protein with the price for that feed adjusted from his booking price to same
differential as out-the-door prices at time of shipment.
Delivery of the feed purchased and sold hereunder shall be made by DELTA
WESTERN in bulk to member's catfish farm, the location of which is known to both
parties to this contract. Deliveries shall be made in approximately equal weekly
quantities during the term of this contract, with dates for delivery of specific
truckload quantities being fixed by number.
2
Member hereby selects Option A which is designated tons in designated
months OR Option B which is shipping off contract from start to finish until
contract is depleted.
I SELECT OPTION A
------------------------------
Initial
Catfish feed to be ordered by member for specified dates during the months
as indicated below:
JANUARY 1998 - _____ tons JULY 1998 - _____ tons
FEBRUARY 1998 - _____ tons AUGUST 1998 - _____ tons
MARCH 1998 - _____ tons SEPTEMBER 1998 - _____ tons
APRIL 1998 - _____ tons OCTOBER 1998 - _____ tons
MAY 1998 - _____ tons NOVEMBER 1998 - _____ tons
JUNE 1998 - _____ tons DECEMBER 1998 - _____ tons
I SELECT OPTION B /s/ eb
-----------------------------
Initial
Catfish feed to be ordered by member for specific dates during said
contract period with first load ordered on or after January 1, 1998 and
continuing thereafter with each consecutive order until end of contract period.
II
The purchase price for such feed shall be $238.00 per ton. This contract
price does not include freight charges.
All deliveries of feed made to member during the specified term of this
contract shall be considered as feed purchased and sold under this contract and
shall be invoiced to member at the stated price per ton; provided, however, if
member, during the term of this contract, purchases more feed of the stated mix
or formula than the number of tons specified in paragraph 1 above, the first
deliveries shall be considered as feed purchased and sold under this contract,
and deliveries in excess of the specified tonnage shall be invoiced to member
at the price then being charged by DELTA WESTERN to members who have no
contract fixing the price of feeds then being currently delivered to them.
3
III
In the event DELTA WESTERN is prevented from making deliveries as agreed
upon herein by reason of strikes, labor disputes, acts of God, fire or other
like unavoidable casualties or occurrences not under the control of DELTA
WESTERN, then and in such event DELTA WESTERN shall be excused from making
deliveries until the cause for its inability to deliver shall be removed.
In the event such inability to deliver shall continue for a period of
thirty (30) consecutive days, member may, at member's option, terminate this
contract as to the unfulfilled portion thereof provided that written notice of
termination is given within one (1) week after the completion of said thirty
(30) day period of time. If no such notice of termination is given by member,
or in the event DELTA WESTERN'S inability to deliver continues for less than
thirty (30) days, then deliveries shall be continued in approximately equal
weekly quantities until the total quantity of feed hereby contracted has been
delivered.
IN TESTIMONY WHEREOF, the parties hereto have executed this agreement in
duplicate original on this the day and year hereinabove first specified.
INDI-BEL, INC.
BY /s/ Lester Myers
-------------------------------
TITLE PRESIDENT
---------------------------
CUSTOMER: AQUA PRO CORPORATION
BY /s/ Eric P. Braschwitz
------------------------------
TITLE CFO
---------------------------
4
INDI BEL, INC. WITH AQUA PRO CORPORATION
CONTRACT AGREEMENT
CONTRACT NO. 1005
THIS AGREEMENT made and entered into this the 4th day of September, 1997,
by and between INDI-BEL, INC., d/b/a DELTA WESTERN, and the undersigned member
of DELTA WESTERN.
WITNESSETH THAT:
In consideration of the mutual covenants and agreements herein contained,
the parties hereto agree as follows:
I
DELTA WESTERN agrees to sell and deliver to AQUA PRO CORPORATION between
January 1, 1998 and December 31, 1998 and member agrees to purchase and receive
from DELTA WESTERN during stated period of time 3000 tons of 32% floating
catfish feed. Member has the option to receive a lower or higher percent of
protein with the price for that feed adjusted from his booking price to same
differential as out-the-door prices at time of shipment.
Delivery of the feed purchased and sold hereunder shall be made by DELTA
WESTERN in bulk to member's catfish farm, the location of which is known to both
parties to this contract. Deliveries shall be made in approximately equal weekly
quantities during the term of this contract, with dates for delivery of specific
truckload quantities being fixed by number.
5
Member hereby selects Option A which is designated tons in designated
months OR Option B which is shipping off contract from start to finish until
contract is depleted.
I SELECT OPTION A
------------------------------
Initial
Catfish feed to be ordered by member for specified dates during the months
as indicated below:
JANUARY 1998 - _____ tons JULY 1998 - _____ tons
FEBRUARY 1998 - _____ tons AUGUST 1998 - _____ tons
MARCH 1998 - _____ tons SEPTEMBER 1998 - _____ tons
APRIL 1998 - _____ tons OCTOBER 1998 - _____ tons
MAY 1998 - _____ tons NOVEMBER 1998 - _____ tons
JUNE 1998 - _____ tons DECEMBER 1998 - _____ tons
I SELECT OPTION B /s/ eb
-----------------------------
Initial
Catfish feed to be ordered by member for specific dates during said
contract period with first load ordered on or after January 1, 1998 and
continuing thereafter with each consecutive order until end of contract period.
II
The purchase price for such feed shall be $241.00 per ton. This contract
price does not include freight charges.
All deliveries of feed made to member during the specified term of this
contract shall be considered as feed purchased and sold under this contract and
shall be invoiced to member at the stated price per ton; provided, however, if
member, during the term of this contract, purchases more feed of the stated mix
or formula than the number of tons specified in paragraph 1 above, the first
deliveries shall be considered as feed purchased and sold under this contract,
and deliveries in excess of the specified tonnage shall be invoiced to member
at the price then being charged by DELTA WESTERN to members who have no
contract fixing the price of feeds then being currently delivered to them.
6
III
In the event DELTA WESTERN is prevented from making deliveries as agreed
upon herein by reason of strikes, labor disputes, acts of God, fire or other
like unavoidable casualties or occurrences not under the control of DELTA
WESTERN, then and in such event DELTA WESTERN shall be excused from making
deliveries until the cause for its inability to deliver shall be removed.
In the event such inability to deliver shall continue for a period of
thirty (30) consecutive days, member may, at member's option, terminate this
contract as to the unfulfilled portion thereof provided that written notice of
termination is given within one (1) week after the completion of said thirty
(30) day period of time. If no such notice of termination is given by member,
or in the event DELTA WESTERN'S inability to deliver continues for less than
thirty (30) days, then deliveries shall be continued in approximately equal
weekly quantities until the total quantity of feed hereby contracted has been
delivered.
IN TESTIMONY WHEREOF, the parties hereto have executed this agreement in
duplicate original on this the day and year hereinabove first specified.
INDI-BEL, INC.
BY /s/ Lester Myers
-------------------------------
TITLE PRESIDENT
---------------------------
CUSTOMER: AQUA PRO CORPORATION
BY /s/ Eric P. Braschwitz
------------------------------
TITLE CFO
---------------------------
7
INDI BEL, INC. WITH AQUA PRO CORPORATION
CONTRACT AGREEMENT
CONTRACT NO. 1028
THIS AGREEMENT made and entered into this the 17th day of December, 1997,
by and between INDI-BEL, INC., d/b/a DELTA WESTERN, and the undersigned member
of DELTA WESTERN.
WITNESSETH THAT:
In consideration of the mutual covenants and agreements herein contained,
the parties hereto agree as follows:
I
DELTA WESTERN agrees to sell and deliver to AQUA PRO CORPORATION between
January 1, 1998 and December 31, 1998 and member agrees to purchase and receive
from DELTA WESTERN during stated period of time 2500 tons of 32% floating
catfish feed. Member has the option to receive a lower or higher percent of
protein with the price for that feed adjusted from his booking price to same
differential as out-the-door prices at time of shipment.
Delivery of the feed purchased and sold hereunder shall be made by DELTA
WESTERN in bulk to member's catfish farm, the location of which is known to both
parties to this contract. Deliveries shall be made in approximately equal weekly
quantities during the term of this contract, with dates for delivery of specific
truckload quantities being fixed by number.
8
Member hereby selects Option A which is designated tons in designated
months OR Option B which is shipping off contract from start to finish until
contract is depleted.
I SELECT OPTION A
------------------------------
Initial
Catfish feed to be ordered by member for specified dates during the months
as indicated below:
JANUARY 1998 - _____ tons JULY 1998 - _____ tons
FEBRUARY 1998 - _____ tons AUGUST 1998 - _____ tons
MARCH 1998 - _____ tons SEPTEMBER 1998 - _____ tons
APRIL 1998 - _____ tons OCTOBER 1998 - _____ tons
MAY 1998 - _____ tons NOVEMBER 1998 - _____ tons
JUNE 1998 - _____ tons DECEMBER 1998 - _____ tons
I SELECT OPTION B /s/ eb
-----------------------------
Initial
Catfish feed to be ordered by member for specific dates during said
contract period with first load ordered on or after January 1, 1998 and
continuing thereafter with each consecutive order until end of contract period.
II
The purchase price for such feed shall be $240.00 per ton. This contract
price does not include freight charges.
All deliveries of feed made to member during the specified term of this
contract shall be considered as feed purchased and sold under this contract and
shall be invoiced to member at the stated price per ton; provided, however, if
member, during the term of this contract, purchases more feed of the stated mix
or formula than the number of tons specified in paragraph 1 above, the first
deliveries shall be considered as feed purchased and sold under this contract,
and deliveries in excess of the specified tonnage shall be invoiced to member
at the price then being charged by DELTA WESTERN to members who have no
contract fixing the price of feeds then being currently delivered to them.
9
III
In the event DELTA WESTERN is prevented from making deliveries as agreed
upon herein by reason of strikes, labor disputes, acts of God, fire or other
like unavoidable casualties or occurrences not under the control of DELTA
WESTERN, then and in such event DELTA WESTERN shall be excused from making
deliveries until the cause for its inability to deliver shall be removed.
In the event such inability to deliver shall continue for a period of
thirty (30) consecutive days, member may, at member's option, terminate this
contract as to the unfulfilled portion thereof provided that written notice of
termination is given within one (1) week after the completion of said thirty
(30) day period of time. If no such notice of termination is given by member,
or in the event DELTA WESTERN'S inability to deliver continues for less than
thirty (30) days, then deliveries shall be continued in approximately equal
weekly quantities until the total quantity of feed hereby contracted has been
delivered.
IN TESTIMONY WHEREOF, the parties hereto have executed this agreement in
duplicate original on this the day and year hereinabove first specified.
INDI-BEL, INC.
BY /s/ Lester Myers
-------------------------------
TITLE PRESIDENT
---------------------------
CUSTOMER: AQUA PRO CORPORATION
BY /s/ Eric P. Braschwitz
------------------------------
TITLE CFO
---------------------------
10
INDI BEL, INC. WITH AQUA PRO CORPORATION
CONTRACT AGREEMENT
CONTRACT NO. 1039
THIS AGREEMENT made and entered into this the 4th day of January, 1998, by
and between INDI-BEL, INC., d/b/a DELTA WESTERN, and the undersigned member of
DELTA WESTERN.
WITNESSETH THAT:
In consideration of the mutual covenants and agreements herein contained,
the parties hereto agree as follows:
I
DELTA WESTERN agrees to sell and deliver to AQUA PRO CORPORATION between
January 1, 1998 and December 31, 1998 and member agrees to purchase and receive
from DELTA WESTERN during stated period of time 1500 tons of 32% floating
catfish feed. Member has the option to receive a lower or higher percent of
protein with the price for that feed adjusted from his booking price to same
differential as out-the-door prices at time of shipment.
Delivery of the feed purchased and sold hereunder shall be made by DELTA
WESTERN in bulk to member's catfish farm, the location of which is known to both
parties to this contract. Deliveries shall be made in approximately equal weekly
quantities during the term of this contract, with dates for delivery of specific
truckload quantities being fixed by number.
11
Member hereby selects Option A which is designated tons in designated
months OR Option B which is shipping off contract from start to finish until
contract is depleted.
I SELECT OPTION A
------------------------------
Initial
Catfish feed to be ordered by member for specified dates during the months
as indicated below:
JANUARY 1998 - _____ tons JULY 1998 - _____ tons
FEBRUARY 1998 - _____ tons AUGUST 1998 - _____ tons
MARCH 1998 - _____ tons SEPTEMBER 1998 - _____ tons
APRIL 1998 - _____ tons OCTOBER 1998 - _____ tons
MAY 1998 - _____ tons NOVEMBER 1998 - _____ tons
JUNE 1998 - _____ tons DECEMBER 1998 - _____ tons
I SELECT OPTION B /s/ eb
-----------------------------
Initial
Catfish feed to be ordered by member for specific dates during said
contract period with first load ordered on or after January 1, 1998 and
continuing thereafter with each consecutive order until end of contract period.
II
The purchase price for such feed shall be $235.00 per ton. This contract
price does not include freight charges.
All deliveries of feed made to member during the specified term of this
contract shall be considered as feed purchased and sold under this contract and
shall be invoiced to member at the stated price per ton; provided, however, if
member, during the term of this contract, purchases more feed of the stated mix
or formula than the number of tons specified in paragraph 1 above, the first
deliveries shall be considered as feed purchased and sold under this contract,
and deliveries in excess of the specified tonnage shall be invoiced to member
at the price then being charged by DELTA WESTERN to members who have no
contract fixing the price of feeds then being currently delivered to them.
12
III
In the event DELTA WESTERN is prevented from making deliveries as agreed
upon herein by reason of strikes, labor disputes, acts of God, fire or other
like unavoidable casualties or occurrences not under the control of DELTA
WESTERN, then and in such event DELTA WESTERN shall be excused from making
deliveries until the cause for its inability to deliver shall be removed.
In the event such inability to deliver shall continue for a period of
thirty (30) consecutive days, member may, at member's option, terminate this
contract as to the unfulfilled portion thereof provided that written notice of
termination is given within one (1) week after the completion of said thirty
(30) day period of time. If no such notice of termination is given by member,
or in the event DELTA WESTERN'S inability to deliver continues for less than
thirty (30) days, then deliveries shall be continued in approximately equal
weekly quantities until the total quantity of feed hereby contracted has been
delivered.
IN TESTIMONY WHEREOF, the parties hereto have executed this agreement in
duplicate original on this the day and year hereinabove first specified.
INDI-BEL, INC.
BY /s/ Lester Myers
-------------------------------
TITLE PRESIDENT
---------------------------
CUSTOMER: AQUA PRO CORPORATION
BY /s/ Eric P. Braschwitz
------------------------------
TITLE CFO
---------------------------