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                                                                    EXHIBIT 10.2

 

                             U.S. PREMIUM BEEF, LTD.

 

                                UNIFORM DELIVERY

                             AND MARKETING AGREEMENT

 

                                    EVEN SLOTS

 

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                                                                    Exhibit 10.2

 

 

U.S. PREMIUM BEEF, LTD. EVEN SLOTS DELIVERY AGREEMENT

                                                 FOR PROCESSING AT NATIONAL BEEF

 

 

MEMBER NO.______

 

                             U.S. PREMIUM BEEF, LTD.

                                 P.O. BOX 20103

                              KANSAS CITY, MO 64195

                      PHONE: 866-877-2525 FAX: 816-713-8810

 

                     UNIFORM DELIVERY AND MARKETING AGREEMENT

                           FOR CATTLE DELIVERY TO USPB

              FOR PROCESSING AT NATIONAL BEEF PACKING COMPANY, LLC.

 

                                  "EVEN SLOTS"

 

                    THIS AGREEMENT, effective as of December 1, 1997 is between

U.S. Premium Beef, Ltd. (a Kansas cooperative association, referred to as the

"Cooperative"), and the undersigned contracting producer (referred to as

"Producer") who is a member of the Cooperative. Delivery of cattle to U.S.

Premium Beef, Ltd. is not due until delivery schedules are provided to the

Producer by the Cooperative. The Cooperative desires to protect its interests by

ensuring that it will have access to an adequate supply of cattle for its cattle

processing project; and the Producer desires to supply cattle to the

Cooperative. The Cooperative and the Producer agree that the Producer must own,

control, or associate with others so that beneficial changes can be made in

cattle breeding and production to meet processing and beef consumer preference

demands. Subject to the terms, conditions, and obligations of the Cooperative

and Producer in this Agreement, similar obligations of other cattle producers

contracting with the Cooperative, and in accordance with the Articles of

Incorporation and Bylaws of the Cooperative, the Producer and the Cooperative

agree as follows:

 

                    1. COMMITMENT TO SUPPLY CATTLE TO THE COOPERATIVE. The

Producer agrees to deliver and supply to the Cooperative and the Cooperative

agrees to buy and receive one head of cattle from the Producer for each share of

common stock owned by the Producer (subject to assignment as provided below and

as provided in Paragraph 15) each year during the term of this Agreement except

that the Board of Directors may reduce this amount by giving advance written

notice if the Board determines in its sole discretion that the actual processing

capacity will be a lesser amount. The Board of Directors may, by resolution,

allow a small deviation from the above delivery requirement to allow for

production variances. The Board of Directors may approve the assignment of

delivery rights under this Agreement to another member or associate member of

the Cooperative, however, the Producer remains liable for any underdeliveries.

The Cooperative and Producer agree that this Uniform Delivery and Marketing

Agreement is a cooperative marketing agreement subject to Kansas Statutes,

Section 17-1616.

 

                    2. DELIVERY OF CATTLE. The cattle committed to the

Cooperative under paragraph 1 must be delivered to the Cooperative on an equal

four week basis as determined by the Cooperative. A uniform delivery schedule

shall be prepared by the Cooperative and given to the Producer on a regular

basis. The Producer agrees to supply the cattle in accordance with the delivery

schedule and agrees the risk of loss for the cattle shall remain with the

Producer until the cattle are delivered to the Cooperative at a location

designated by the Cooperative.

 

 

 

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U.S. PREMIUM BEEF, LTD. EVEN SLOTS DELIVERY AGREEMENT

                                                 FOR PROCESSING AT NATIONAL BEEF

 

 

         3. APPOINTMENT OF COOPERATIVE AS PURCHASING AGENT. The Producer

appoints and designates the Cooperative to act as his or her sole agent in the

sale and marketing or utilization of cattle committed to the Cooperative under

this Agreement and any extensions, renewals or amendments of this Agreement.

 

         If a Producer is unable to supply the required amount of cattle, the

Producer must obtain the cattle from any other source and deliver the cattle to

the Cooperative, just as if the cattle had been produced by the Producer. If the

Producer does not deliver the cattle as stated, the Producer agrees that the

Cooperative, at its option, may act as Producer's agent for the purpose of

obtaining cattle in the name of the Producer and ma


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