Strategic Alliance Agreement (13K)
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STRATEGIC ALLIANCE AGREEMENT
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This STRATEGIC ALLIANCE AGREEMENT (this "Agreement"), is entered into by and
between Excalibur Industries, Inc., hereinafter called "Excalibur" and Born,
Inc. hereinafter called "Born." Excalibur and Born shall be sometimes
hereinafter referred to individually as a "party" and collectively as the
"parties."
W I T N E S S E T H:
WHEREAS, Born has been involved in the design, manufacture, and supply of direct
fired heater technology to the oil and gas, petro-chemical and power markets;
WHEREAS, Excalibur, through its operating subsidiaries, has capabilities for
high quality steel fabrication, piping and vessel fabrication with ASME code
welding, and precision CNC machining;
WHEREAS, Born desires to purchase goods and services from Excalibur;
WHEREAS, in this regard, Excalibur and Born have discussed Excalibur dedicating
personnel, equipment, and shop space at Excalibur facilities in order to
prioritize the manufacturing and service needs of Born;
NOW, THEREFORE, in consideration of the mutual benefits to be derived and the
conditions and promises that follow, and other good and valuable consideration,
the receipt and sufficiency of which are acknowledged, and intending to be
legally bound, the parties agree as follows:
1. TERMINATION DATE. October 14, 2005.
2. TERM. The term of this Agreement ("Term") shall commence on
the date of execution hereof, and shall terminate on the
Termination Date, unless earlier terminated as set forth in
this Agreement. This agreement may be renewed with revisions
mutually agreed to by both parties.
3. PRIORITY CUSTOMER STATUS. Excalibur hereby designates Born as
a priority status customer and agrees to make its
"best-efforts" to meet Born's production requirements.
4. DEDICATED FACILITIES. Excalibur agrees to dedicate at least
35,000 square feet of shop space for the timely manufacture of
Born products through Excalibur Services and its other
Excalibur affiliates.
5. CONTRACT VOLUME. Born estimates to provide a minimum of twelve
million ($12,000,000) in contract volume over the agreement
period to Excalibur for goods and services.
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