Amendment to Services Agreement between Mosaic de Argentina S.A. and Cargill SACI (January 21, 2008)

Contract Categories: Business Operations › Services Agreements
Summary

This amendment updates the services agreement between Mosaic de Argentina S.A. and Cargill SACI for logistics and warehouse services related to fertilizer storage in various port areas in Argentina. The amendment guarantees Cargill a storage space of 50,000 metric tons and revises the fee schedule for storage and related services. The new terms apply retroactively from June 2007 if Cargill requests services under these terms. All other terms from the original 2006 agreement remain unchanged.

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EX-10.II.B 3 dex10iib.htm FORM OF AMENDMENT DATED JANUARY 21, 2008 TO THE SERVICES AGREEMENT Form of amendment dated January 21, 2008 to the services agreement

Exhibit 10_ii_b

Buenos Aires, January 21st, 2008

Messrs

Cargill SACI

Leandro N. Alem 928 Piso 9

Ciudad Autonoma de Buenos Aires

Dear Sirs:

In our capacity as Agents of MOSAIC DE ARGENTINA S.A., hereinafter referred to as “MOSAIC”, domiciled at Avda. Leandro N. Alem 928, 9º Floor, City of Buenos Aires, we hereby make this proposed amendment to the offer, hereinafter referred to as the “Amendment Offer” related to our Offer made in May 16, 2006 to provide Logistic and Warehouse Services of fertilizers in the Port Area of Bahia Blanca, Buenos Aires, Necochea, Zarate, San Nicolas, Rosario and San Lorenzo in our Quebracho Plant.

In the event you accept the present Amendment Offer:

 

1. The first paragraph of Section Five shall will replaced by the following provision: “MOSAIC guarantees CARGILL a deposit storage space of fifty thousand (50,000) metric tons at the TERMINAL (hereinafter referred to as GUARANTEED STORAGE SPACE).”

 

2. The Annex IV shall be replaced by the following:

EXHIBIT IV – Fees.

Storage per guaranteed Metric Tons:

US$ 900,000 per year to be paid in each installment of US$ 130,000. – per month from May to September; US$ 60,000. – per month from October to November; US$ 50,000. – per month December to March; US$ 50,000 in April.

Throughput: US$ 15. –

Storage in excess per Metric Ton and month US$ 1.-

Additional bagging service: US$ 5.20.-

Provision of empty bags: US$ 6.50.-

Blending: US$ 6.-

 

3. This Amendment Offer shall be implicitly accepted by CARGILL by requesting the SERVICES according to the terms and conditions herein described, and in such case the new fees will be fully applicable retroactively to June, 2007.

 

4. All the remaining terms and conditions of the Proposal made in May 16, 2006, are fully valid and in force.

 

Yours sincerely,

Mosaic de Argentina S.A.