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HomeMy WebLinkAboutNCG210459_Name-Owner Change Supporting Info_5/1/2019AMENDMENT NO. 1 TO SERVICE CENTER OPERATING AGREEMENT THIS AMENDMENT NO. 1 TO SERVICE CENTER OPERATING AGREEMENT (along with all exhibits attached hereto is collectively, this "Amendment") is entered into as of May 6, 2019 (the "Effective Date"), between CHEP USA ("CHEP") and PACKIQ, LLC ("Management Group"), with respect to that certain Service Center Operating Agreement dated December 17, 2018 (as amended, supplemented or otherwise modified, the "Agreement"), All capitalized terms used in this Amendment but not defined have the meanings given for them in the Agreement. RECITALS: WHEREAS, pursuant to the Agreement, Management Group operates one or more Facilities for CHEP; and WHEREAS, CHEP and Management Group have agreed to modify the Agreement as further provided herein NOW, THEREFORE, for and in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the parties hereto do hereby agree as follows: 1. Addition of New Facility Payment for Services. The parties agree to add the facility located at 880 Technology Drive, Fayetteville, North Carolina 28306 (the "Fayetteville Facility") to the Agreement. As full compensation for the services to be provided by Management Group at the Fayetteville Facility, CHEP shall pay Management Group in accordance with the rates, fees and provisions contained in Fee Schedule No. 2 to Exhibit C attached hereto and incorporated into the Agreement and deemed a part thereof. 2. Amendment to Exhibits A and F. Exhibit A and Exhibit F attached hereto replace in their entirety the Exhibit A and Exhibit F in effect prior to the Effective Date of this Amendment and are hereby incorporated into the Agreement and deemed a part thereof. 3. Acknowledgement. Except as expressly set forth in this Amendment, no term or provision of the Agreement shall be deemed modified or amended and the Agreement remains in full force and effect. This Amendment is part of the Agreement, the terms of which are incorporated herein by reference. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have executed this Amendment as of the date first set forth above. CHEP USA By: CraQ :;:� :S-_— ig Cos antmo, Controller, CHEP PACKIQ, LLC a Y Mary, signatory Name and Title: Mary, Please print CHEP USAIPacklQ Service Center Operating Agreement effective 12/17/2018 -Amendment 1 Page 1 of 4