Letter Agreement for Renewal of EU Term under Amended and Restated Exclusive Agency and Marketing Agreement between Monsanto Company and The Scotts Company

Summary

Monsanto Company and The Scotts Company have agreed to renew the initial EU Term of their Amended and Restated Exclusive Agency and Marketing Agreement. The renewal extends the agreement's EU Term for an additional three years, now set to expire on September 30, 2008. Both parties have mutually consented to this extension, as confirmed by their authorized representatives' signatures. The agreement ensures continued collaboration between the two companies in the European Union for the specified period.

EX-10.17.B 4 l38095exv10w17wb.htm EX-10.17.B exv10w17wb

Exhibit 10.17(b)


March 10, 2005		Monsanto Company 800 North Lindbergh Blvd St. Louis, Missouri 63167 http://www.monsanto.com

The Scotts Company
14111 Scottslawn Road
Marysville, OH 43041

Attn: Legal Department, David Aronowitz

Re:

Renewal of the initial EU Term of the Amended and Restated Exclusive Agency and Marketing Agreement (“Agreement”).

Dear Dave:

The initial EU Term under the Agreement expires on September 30, 2005.

Pursuant to Section 10.2 (a) (1) of the Agreement, Monsanto and The Scotts Company hereby mutually agree to renew the initial EU Term of the Agreement for three (3) years (i.e. extend to EU Term through September 30, 2008).

Please execute this letter agreement in the space provided below and return this letter of agreement to me.

Sincerely,

/s/ Kevin M. Holloway
Kevin M. Holloway
Vice President, Lawn and Garden
Monsanto Company


		Acknowledged and Agreed:

By:	/s/ Carl M. Casale	/s/ Michael P. Kelty

	Carl Casale	Mike Kelty
	Executive Vice President	Vice Chairman and EVP
	Monsanto Company	The Scotts Company


Cc:		Voyrs, Sater, Seymour & Pease, LLP 52 East Gay Street Columbus, OH ###-###-#### Attn: Ronald A. Robins, Jr. Fax: (614) ###-###-####