This excerpt taken from the ADES 10-Q filed Aug 6, 2008.
Special Supplemental Conditions
THIS ACTIVATED CARBON (Master Agreement) is entered into by SOUTHERN COMPANY SERVICES, INC., an Alabama corporation with offices located at 241 Ralph McGill Boulevard, Atlanta, Georgia 30308, acting on its own behalf and as authorized agent for its Affiliates, (hereinafter referred to as Purchaser) and ADA-ES, Incorporated, a Colorado corporation and Red River Environmental Products, LLC, a Delaware corporation with its primary office located at 8100 SouthPark Way, Unit B, Littleton, CO 80120 (hereinafter referred to as Supplier). This Master Agreement shall become effective on the date it is executed by the later of Purchaser and Supplier (Effective Date). WHEREAS, Seller is developing an activated carbon manufacturing facility in Coushatta, Louisiana which is targeted for commercial operation by the end of the 1st quarter of 2010;
WHEREAS, Seller desires to fulfill its obligations under this Agreement (i) by manufacturing Carbon at its Louisiana facility and (ii) by selling such Carbon to Buyer in accordance with the terms, and subject to the conditions, of this Agreement;
WHEREAS, Buyer desires to purchase from Seller, and Seller desires to sell to Buyer, Carbon in the amounts and upon the terms and conditions set forth in this Agreement.
NOW THEREFORE, in consideration of the mutual covenants and obligations stated in this Agreement, the receipt and sufficiency of which the Parties acknowledge, Seller and Buyer hereby agree as follows: