Document 6wKpzXQgen3nRYpL9JGpK0jM6

V,..' agr ebmbnt THIS AGRBBMBNT, made and entered into as of the sixth day of January, 1958, by and between The Eagle-Picher Company, an Ohio Corporation, hereinafter referred to as "Bagle-Picher", and Owens-Corning Fiberglas Corporation, hereinafter referred to as "Owens-Coming". WITNESSETH: IT IS AGREED A3 FOLLOWS: (1) DESCRIPTION OP PRODUCTS (a) "Penco Mineral Wool Insulating Cement" is defined as a thermal insulating cement manufactured under United States Patent No. 2,237,745, packed in 50-pound multiwall paper bags bearing said patent number. (b) "Fenco All-Purpose Cement" is defined as a single coat, quick setting, insulating-finishing cement, packed in 50-pound bags. (2) REQUIREMENTS Bagle-Picher will manufacture for and sell to Owens-Coming and Owens-Corning will buy from Eagle-Picher, Owens-Coming's requirements of those materials listed under "CD DESCRIPTION OF PRODUCTS" as (a), (b), such comrioditias to be under Owens-Corning's trade narks and labels. (3) PRICKS AN.' THUS Prices and terms are set forth in Exhibit A, hereto attached and made a part hereof. Prices may be revised by Eagle-Picher from time to time on giving notice to Owens-Corning, however-, nn. price rovia-ion--a-ha-H--be--made- 003072 UNR 006105 mii In tin n,iitti'-rii rii-1 ,i HIT? hi II'I i1y~fTirn rff i f'T'n i i I r i"~Nl lli^ I i |ii"M'i aist*4buoiir'auJ"<ttJplyin:.' contract era. In the event such revised prices should be unacceptable or unsatisfactory, Owens-Corning may cancel this agreement by giving Bagle-Picher notice in writing within ten (3.0) days after receipt of notice of such revised prices. (4) QUALITY Commodities covered by this agreement shall conform to Bagle-Picher*s standard sales specifications which apply to said commodities generally offered to the trade by Eagle-Picher. In the event such specifications are modified or changed by Bagls-Picher, such modifications or changes shall forthwith be conaunicated to Owens-Coming. Any claim for defective material, imperfect manufacture, shortage in count, or for any other cause, shall be presented to Bagle-Picher by Owens-Coming within thirty (30) days after Owens-Corning's receipt of such claim from its customers, and no claim shall be made for consequential damages. (5) SHIPMENTS Carload and l.c.l. shipments will be made from time to time as the wants of Owens-Corning may require, provided Owens-Corning gives to Eagle-Picher reasonable notice of the amounts of such shipments to enable Bagle-Picher to make and ship same. (6) CONTI NG5?CIB3 Causes beyond the control of either patty, such as strikes, fires, casualties at plants, or other difficulties which make it impossible to fulfill the requireTents of this agreement, shall constitute an excuse for non-performance during the period of such disability. 003073 (2) UNR 006106 Eagle-Picher may add to the price stated herein any taxes or other charges imposed by governmental authority upon the sales, shipment, or use of said commodities. (7) PATENTS Eagle-Picher shall protect and indemnify Owens-Corning from and against all claims, damages, judgements, expenses and loss arising from the infringement or alleged infringement of any patent of the United States by any of the goods delivered hereunder; but Eagle-Picher does not warrant against infringement by reason of the use thereof in combination with other materials or in the operation of any process; and Eagle-Picher shall defend or settle at its own expense any suit or proceeding brought against OwensComing for such infringement, provided that Eagle-Picher is notified promptly in writing of the commencement of such suit or proceeding and is given authority, information and assistance by Owens-Corning for the defense or settlement thereof. (8) DURATION This agreement shall be operative for a period of one (1) year and shall continue indefinitely thereafter, subject to termination by either party at any time after one (1) year subsequent to the date of executing hereof on giving the other twelve (12) months notice in writing. In the event of termination, Owens-Corning shall purchase from Eagle-Picher at Eagle-Picher's cost such bags bearing Owens-Corning design which Eagle-Picber may have on hand at the effective date of such termination. (3) UNR 006107 ooaov-t (9) ASSISTANCE TO FURNISHED BY HAS LB-PICHER Eagle-Picher will furnish to Owens-Coxning (a) Such sales help and counsel as Eagle-Picher Sales and Engineering Departments nay be equipped to afford. (b) Standard size samples, free of charge, in packages which will be paid for by Owens-Coming, F.O.B., Joplin, Missouri. (10) ASSIGNS This agreement shall not be assignable by either party unless the written consent of the other is first had and obtained. (11) ENTIRE AGREEMENT There is no understanding or agreement regarding this con tract other than shown herein. Executed in duplicate as of the day and year above written. ATTEST: THE EAGLE-PICHER COMPANY _______________________________________ By ATTEST: OWSNS-CCRNING FIBERGLAS CORPCRAXION By. UNR 006108 Exhibit A EAGLB-PICUER INDUSTRIAL INSULATION PRODUCTS RESTRICTED PRICE LIST OiVENS-C<1\NING rlBhRGLAS CORPORATION EAG LB-PIC HER PRODUCT NAME OWENS-CORNING PRODUCT ?tAMfi Eagle-Picher Super "66" Cement FENCO Mineral Wool Cement Bagle-Picber One-Cote Cement FE>EO All Purpose Cement DESTINATION San Francisco, California Oakland, California Sacramento, California Fresno, California Los Angeles, California Wilmington, California Phoenix, Arizona Albuquerque, New Mexico Salt Lake City, Utah Portland, Oregon Seattle, Washington Spokane, Washington Billings, Montana PRICE PER NET TON $106,00 F. O. D. Point: Joplin, Mo. No freight allowed. Terns l.v 10th Prox., Net 30th Prox. 005076 UNR 006109 Tim 3AuLE-?ICI'-B:l company (EXAMPLE OF INVOICE) INVOICE MO. DATE SOLO TO: Owens Corning Fiberglas Corp. Newark, Ohio SHIPPED TO: Sane Houston, Texas 800 - 50 lb. Bags F2NC0 Mineral YJool Cesoent 4C9-P-14 Q 3.75 Pins: ppd. freight 40,720# 9 .96 390.91 Less: F/A O race 40,720# 45 .80 323.76 3% tax 65.15 1.95 Less: 10% Coaaission on eatcrial. $3,000.00 67.10 $3,067.10 300.00 $2,767.10 (Note: Freight rate is illustrative) UNR 006110 005077 I i TH2 RAGIB-PICHB* COMPANY (sXAMPIB OP XNVOICB) INVOICE NO. DATE SCLO TO: CwensJ^oming Pibcrglas Corp. Newark, Ohio SHIPPED TO: Sane Cincinnati, Ohio 100 - 50 lb. Bags FBNCO All-i>urpo* Ceaent 433-9-14 Q 4.50 Plus: F/B Waukegan 509CW Q 1.65 83.98 Less: F/A Q tux 5090# 9 1.25 63.62 3% tax 20.36 .61 Less: 105 Ccwiission on natcrial $450.00 20.97 $470.97 45.00 $425.97 (Note: Freight rate is illustrative) UNR 006111 00^078