Notice of Termination of Logistics Services Agreement between Overstock.com, Inc. and Ozburn-Hessey Logistics
Overstock.com, Inc. is formally notifying Ozburn-Hessey Logistics of its decision to terminate their Logistics Services Agreement, originally effective July 9, 2004, along with all related addendums, including a specific contract amendment for Indianapolis operations. The termination notice is given in accordance with the agreement's terms and will take effect on August 15, 2007. This letter serves as the official notice required under the contract.
Exhibit 10.1
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| Overstock.com, Inc. 6350 South 3000 East Salt Lake City, UT 84121 Phone: (801) 947-3100 Fax: (801) 947-3144 |
February 13, 2007
VIA CERTIFIED MAIL AND FACSIMILE ###-###-####
Mr. Gary Kimball, CFO
Ozburn-Hessey Logistics
633 Thompson Lane
Nashville, TN 37204
Mr. Gary Kimball, CFO
Ozburn-Hessey Logistics
7101 Executive Center Drive, Suite 333
Brentwood, TN 37027
Re: Notice of Termination of Logistics Services Agreement and Contract Amendment (2) Indianapolis Ship Alone Operation
Mr. Kimball:
Please be advised this letter shall constitute Overstock.com, Inc’s notice of termination with respect to the Logistics Services Agreement with an Effective Date of July 9, 2004 as well as any and all addendums related thereto, including, but not limited to the Contract Amendment (2) Indianapolis Ship Alone Operation which was executed on September 23, 2005. The notice of termination is made pursuant to Section 7(A) of the Logistics Services Agreement and shall be deemed given as of as of February 15, 2007. As such, the effective date of termination for the Logistics Services Agreement shall be August 15, 2007.
Should you have any questions, you may contact the undersigned.
Cordially,
| /s/ Stephon Tryon |
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Stephon Tryon
Senior Vice President
