Document 85BL4Dgavxb221kmK90dearok

DONALD M. Q1JNN ANDREW OLIVER ALFRED OGDEN CLYDE W. SORRELL CHRISTIAN M.GENOHOF EUGENE Z. OmBOSE EDWARD E. RIGMEY J. KENNETH CAMPBELL JAMES R. CCGAM WILLIAM W. CRAWFORD DONALD VAIL HIND DELIVERY EDWARD W. BOURNE LASATER TERRELL c l i f t o n p. Wi l l i a ms o n COUNSEL June 15, 1967 John J. Lawlor, Esq. Assistant Secretary National Lead CompanyIll Broadway New York, New York 10006 Re: Stein Paint Company and Lindsley Lumber Company Dear Jack: I am enclosing herewith two copies each of drafts of a letter agreement with Stein Paint Company and the letter agreement with Lindsley Lumber Company. After you've had a chance to study them you might give me your views. Sincerely* Enclosures: 4 EZD:mb Eugene Z. DuBose 'RECEIVED JUN 161967 J. B. H- Draft 6/15/67 Stein Paint Company (Street address) Miamij, Florida Dear Sirs: This letter is written to set forth the terms of our oral understandings and agreement as follows: It is agreed that this letter agreement supersedes any and all prior agreements between you and National Lead Company ("National") and that all such prior agreements are hereby cancelled. You hereby agree to act as a warehouse-dealer for all items in National's printed Blue & White and Black & Yellow Price Lists with the exception of Keg Products. You. agree to purchase from National sufficient quantities of such items as may be necessary to supply your regular dealer customers. Prior to resale of such items you agree to store them in your warehouse at your own expense. In consideration of the above-mentioned agreements you will receive a functional credit of 10$ of the net amount of your resale price to established Dutch Boy franchised dealers approved by the manager or an assistant manager of National's branch from which you order and purchase such items. It is agreed that no such functional credit will be allowed to you on any products purchased and resold by you at N 27338.01 NL 000041491 2 retail or sold to any paint outlet in which any officer of your Company has any direct or indirect financial interest. It is further agreed that you shall be granted National's usual quantity discounts in the purchase of such items, namely, a 7$ discount for purchases of 2,000 or more gallons, a 5$ discount for purchases of 1,500 or more gallons, and a 3% discount for purchases of 500 r more gallons. It is agreed that quantity shipments to a dealer which is a regular customer of your Company will originate from National's manufacturing point and will be shipped direct to such dealer by National. In the event that such quantity shipments are made by National to a dealer which is a regular customer of your Company it is agreed that you shall receive a functional credit of 5$ of the net amount (after deductions for quantity and case discounts) of the proceeds of such sale. It is further agreed that you shall not be entitled to any such 5$ functional discount in the event such quantity sale is made to a paint outlet owned or controlled by Lindsley Lumber Company of Miami, Florida. It is further agreed that National will be responsible for all billings to and collections from any dealer purchasing such items from you and that you assume no financial responsibility in respect of such matters. NL 000041492 It is further agreed that this letter agreement may be terminated by either party hereto by the giving of thirty days* written notice to the other party. In the event of such termination National agrees to repurchase any of such Items still in your possession at the purchase price or prices thereof. If this correctly sets forth our agreement would you please sign this letter in the space indicated below. Very truly yours, NATIONAL LEAD COMPANY By __________ ______ _ Manager, Paint Division- " Dated: June , 19^7 STEIN PAINT COMPANY By _ _________ ______ " President ML 000041493 Draft 6/15/67 national Lead Company 111 Broadway Sew York, New York 10006 Attention of Mr. Kenneth C. Specht, Manager, Paint Division _______ ' Dear Sirs: In consideration of your agreement to sell Dutch Boy paint products to the undersigned, the undersigned hereby agrees to cause all of Its paint outlets to which shipments of Dutch Boy paint products are made by any branch of National Lead Company to execute National Lead Company's regular Dealer Store Franchise Agreement. Very truly yours, LINDSLEY LUMBER COMPANY By __________________ President NL 000041494 N 27338.02 !