posting a bond or similar
indemnity, to an injunction, specific performance and other equitable relief to
prevent breaches of the obligations of PCS under Sections 3.4 and 5.2(b) and to
enforce specifically the terms and provisions thereof in any court as specified
in Section 10.11, in addition to any other remedy to which they are entitled at
law or in equity.
[Signature Page Follows]
19
Confidential Treatment Requested by Innophos Holdings, Inc.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and
year first above written.
PCS SALES (USA), INC. By:
/s/ Susan Jones
Name: Susan Jones
Title:
Authorized Person and
Executive Vice President, Nutrien Ltd.
PCS NITROGEN FERTILIZER, L.P. By:
/s/ Susan Jones
Name: Susan Jones
Title:
Authorized Person and
Executive Vice President, Nutrien Ltd.
INNOPHOS, INC. By:
/s/ Kim Ann Mink
Name: Kim Ann Mink, Ph.D.
Title:
Chairman, President and CEO
[Signature Page to Termination Agreement]
Confidential Treatment Requested by Innophos Holdings, Inc.
SCHEDULE 1.1(a) - Permits Required for Innophos Deep Wells
SCHEDULE 1.1(b) - Expenses
SCHEDULE 4.1(a) - Steam Boiler Equipment
SCHEDULE 4.2(a) - Sulfuric Acid Tank Equipment
SCHEDULE 6.5 - Consents
SCHEDULE 7.5 - Consents
EXHIBIT A - MGA Supply Agreement Addendum
EXHIBIT B - MGA Tank Lease
EXHIBIT C - New MGA Supply Agreement
EXHIBIT D - New PPA Supply AgreemenT
EXHIBIT E - New Services Agreement
EXHIBIT F - Parking Lot Lease Agreement
EXHIBIT G - Rail Spur Agreement
EXHIBIT H - Sulfuric Acid Supply Agreement
EXHIBIT I - Transitional PPA Supply Agreement
EXHIBIT J - Track Mobile Bill of Sale
EXHIBIT K - Steam Boiler Bill of Sale
EXHIBIT L - Sulfuric Acid Tank Bill of Sale
EXHIBIT M - Innophos Pipeline Design Specifications
EXHIBIT N - Servitude Agreement
EXHIBIT O - Raw River Water System Bill of Sale