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Toxic Avenger

11/06/11 9:36 PM

#141148 RE: Johnik #141147

Actually, an agreement addendum for each site.
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loanranger

11/06/11 10:12 PM

#141154 RE: Johnik #141147

"An Agreement Addendum is, of course, needed to implement and add further meaning to these clauses. In that regard, it appears that JBI and RockTenn reached an agreement as to the basic form of any Agreement Addendum executed in accordance with the Master Agreement, given that it was incorporated by reference into the contract."

1.1.3.
“Agreement Addendum” shall mean an addendum that may be from time to time executed by the Parties that is in substantially the form as attached hereto as Exhibit A."


They referenced it, but unfortunately chose not to attach it, which one would expect them to do as an exhibit to a material agreement. There is no indication that confidentiality was sought for it. In its absence we don't know whether Exhibit A is a fill-in-the-blanks guide as to form or a completed Agreement Addendum put forth as an example for future agreement addenda.



For the purpose of facilitating JBI’s use of the License Area, subject to the terms and conditions hereinafter set forth, RockTenn hereby grants to JBI an exclusive license, that may not be terminated until the earlier of the expiration of the Term as described in an Agreement Addendum or earlier termination of this Agreement provided herein, to operate the AST System, the Pad, the Steel Shed, Plastic Feedstock from any RockTenn Facility covered by an Agreement Addendum,any RockTenn Facility landfill covered by an Agreement Addendum and the JBI Machines for the sole purpose of producing Fuel.


Or:
You can leave your stuff at my house and come over anytime to use it and I promise not to let anyone else use your stuff, as long as we agree in advance what room you're going to leave it in. We'll talk.