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March 18, 2022
Weld County Public Works Department
Ann: Esther Gesick
1150 0 Street
Greeley, CO 80631
Re: Public Works Department, Weld County bid approval for concrete, Washed Rock, and
Squeegee dated March 11, 2021. (as amended, supplemented or modified from time to time
in accordance with its terms, the "Contract"), by and between [Counterparty] ("you") and
Van -a Companies, Inc. ("we" or "Varra")
Dear Esther Gesick:
We are excited to inform you that Varra intends to consummate a transaction with Eagle
Materials Inc. ("Eagle"), pursuant to which Eagle has agreed to purchase substantially all of our
assets (the "Transaction"). As a valued customer, please be assured that the Contract will remain
in full force and effect, and you will continue to have the same rights and obligations under the
Contract following the consummation of the Transaction. We appreciate your trust and are
confident that we will continue to deliver to you the highest quality of service. We hold Eagle and
its management team in very high regard and we are excited about becoming a part of the Eagle
organization. We will be a stronger organization with more robust capability as a result of the
Transaction, and we hope that you will share our enthusiasm.
In connection with the Transaction, we request that you consent and agree in writing to the
Transaction and to the assignment of the Contract, which effective as of and conditioned upon the
consummation of the Transaction, we would like to transfer to Eagle (or one of its affiliates) to
consolidate operations. By countersigning this letter, you acknowledge receipt of notice of the
Transaction and give your consent to the Transaction and the assignment of the Contract from
Varra to Eagle (or one of its affiliates), and further you agree that you will not exercise any
termination or other rights you may have under the Contract that arise solely by virtue of the
Transaction or such assignment to Eagle (or one of its affiliates) or any claim of breach or default
under the Contract as a result of the Transaction. Except as expressly set forth herein, this letter
will not amend, modify or otherwise affect the terms and conditions of the Contract as the Contract
will remain in full force and effect with Eagle (or one of its affiliates) assuming the obligations of
Varra to perform in accordance with its terms.
If the foregoing is acceptable to you, please have the appropriate authorized person
sign this letter below and return it by March 25, 2022 to the following address with a .pdf
copy via email to the attention of:
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Varra Companies, Inc.
8120 Gage Street
Frederick, CO 85016
Attention: Peter Varra
Email: pvarra@varracompanies.com
We are on an expedited timeline to close the Transaction, so we kindly request your prompt
response and greatly appreciate your cooperation in helping us. Should you have any questions or
require further information, please feel free to contact me at (303) 666-6657 or
pvarra@vanacompanies.com.
Best Regards,
Peter Varra
Vice President
AGREED AND ACCEPTED:
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4825-0272-9718, v. 2
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