[Includes material for which confidential treatment has been requested. Confidential material is deleted and
marked with [***] ]
THIS AGREEMENT IS ENTERED INTO by and between ACME CHEMICAL MARKETING,
L.L.C., (hereinafter “seller” or “ACME”) whose address is 12020 West Hwy. 290, Suite C, Austin, TX 78737
and KMG-BERNUTH, INC., (hereinafter “buyer”) whose address is 10611 Harwin Drive, Suite 402,
Houston, Texas 77036. Seller and buyer collectively are referred to as the “parties.”
This AGREEMENT is effective on the 1st of January 2008.
During the contract term of this AGREEMENT , seller agrees to sell to buyer and buyer agrees to purchase
from and pay seller for the products hereinafter specified at the price, and in quantities, subject to the following
1. NATURE OF GOODS AND SALES TERMS
[***] Solvent A and Solvent B.
The quantity for [***] Solvent A and [***] Solvent B shall be [***].
Weight scale tickets to be provided by seller.
Quality shall be as per the specifications on Addendum 1. Each batch of Products shall be sampled by
seller for flash point, density, and penta solvency. The sampling will be done for seller by a third party
taking a composite of a top, middle and bottom sample from the tank, and the third party will test for
flash point, density and penta solvency. Sampling analyses from each batch shall be provided to buyer.
e. Delivery Terms:
[***] Solvent A and Solvent B - [***].
g. Payment Terms:
Net thirty (30) days from invoice date. If any i