Document 65MmGpezN5ookeg1BE5n8oVzg

3M General Offices 3M Center St. Paul. MN 55144-1000 612 733 1110 AR226-2443 RJZ025847 April 17, 1997 Mr. Roger Zipfel Senior Technology Associate DuPont Polymers Washington Works P.O. Box 1217 Parkersburg, West VA 26102 . Dear Mr. Zipfel: This is to confirm the terms and conditions for the provision o f analytical testing services by 3M Company ("3M") to E. I. du Pont de Nemours and Company ("DuPont"). DuPont has asked 3M to analyze up to 22 soil and water samples (the "Samples") from its Parkersburg, West Virginia facility to determine the presence and level o f APFO (C8 Acid). 3M will complete the testing and report the results to DuPont within 45 days from receipt o f the Samples. The testing o f the Samples will be done at no charge; however, any additional sample testing will be subject to an agreed upon service charge. The testing services are subject to the following additional terms: 1. Samples must be accompanied by a written disclosure o f the known or suspected presence o f any hazardous substances, as defined by applicable federal or state law. DuPont is responsible for assuring that any Sample containing any hazardous substance will be packaged, labeled, transported and delivered properly in accordance with applicable laws. 2. DuPont will provide one week advance notice o f the Sample delivery schedule, or any changes to the schedule, whenever possible. 3. Data o r test results provided to DuPont or generated by services performed under this agreement shall be the property o f DuPont. Ownership o f any analytical method or equipment used for performance o f the services will be retained by 3M. EID090329 E ID 090329 April 17, 1997 Page 2 4. 3M will dispose o f the Samples within 30 days after the analytical report is issued unless DuPont requests return o f the Samples, in which case return will be at DuPont's expense. 5. 3M makes no representation or warranty o f any land, express or implied, in connection with the services performed or the results generated. N o representative o f 3M is authorized to give or make any such representation or warranty. 6. 3M shall have no liability, whether arising in contract or tort or otherwise, for any losses or damages, whether special, incidental, or consequential, claimed by DuPont to be caused by or arising out o f the services performed or the use of the reports prepared by 3M. 7. This agreement sets forth the entire agreement between the parties and may not be changed or modified except by written amendment. Please indicate your acceptance o f tins letter agreement by signing both copies and returning one signed copy to my attention. Sincerely, Dale L. Bacon Laboratory Manager Accepted By: E ID 090330 E ID 090330 Msszozra 3M Environmental Technology and Services PO Box 33531 S t Paul. MX 33133-3331 612 7786^12 April 18, 1997 Mr. Roger Zipfel Senior Technology Associate DuPont Polymers Washington Works P. O. Box 1217 Parkersburg, West VA 26102 Dear Mr. Zipfel: - This is to confirm the terms and conditions for the provision o f analytical testing services by 3M Company ("3M") to E. L DuPont de Nemours and Company ("DuPont"). DuPont has asked 3M to analyze up to 22 soil and water samples (the Samples ) from its Parkersburg, West Virginia facility to determine the presence and level o f APFO (C8 Acid). 3M will complete the testing and report the results to DuPont within 45 days from receipt o f the Samples. The testing o f the Samples will be done at no charge; however, any additional sample testing will be subject to an agreed upon service charge. The testing sendees are subject to the following additional terms: 1. Samples must be accompanied by a written disclosure o f the known or suspected presence o f any hazardous substances, as defined by applicable federal or state law. DuPont is responsible for assuring that any Sample containing any hazardous substance will be packaged, labeled, transported and delivered properly in accordance with applicable laws. 2. DuPont will provide one week's advance notice o f the Sample delivery schedule, or any changes to the schedule, whenever possible. 3. Date or test results provided to DuPont or generated by services performed under this agreement shall be the property o f DuPont. Ownership o f any analytical method or equipment used for performance o f the services will be retained by 3M. 4. 3M will dispose o f the Samples within 30 days after the analytical report is issued unless DuPont requests return o f the Samples, in which case, return will be at DuPont's expense. E ID 090327 RJZ025845 E ID 127631 RJZ025846 April 18, 1997 Page 2 5. 3M makes no representation or warranty o f any kind, expressed or implied, in connection with the services performed or the results generated. No representative o f 3M is authorized to give or mal> any such representation or warranty. 6. 3M shall have no liability, whether arising in contract or tort or otherwise, for any losses or damages, whether special incidental or consequential, claimed by DuPont to be caused by or arising out o f the services performed or the use o f the reports prepared by 3M. 7. This agreement sets forth the entire agreement between the parties and may not be changed or modified except by written amendment. Please indicate your acceptance o f this letter agreement by signing both copies and returning one signed copy to my attention. Sincerely, D. L. Bacon Manager 3M Environmental Lab Accepted By: E1D090328 E ID 127632