Document M1z3kRnm7mGYVEZK2Vp2nJwx

M 0 If S A H T 0 Special Undertaking bv Purchasers of Polychlorinated Biphenyls Monsanto (company (Monsanto) nanufacturers certain polychlorinated biphenyl/s) products (PCB's) which Universal Manufacturing Corporation (Buyer) desires to purchase!., While buyer desires to purchase PCB's because of certain desirable flame resistant and insulator properties, Buyer acknowledges that it is aware and has been advised by Monsanto that PCrn's tend to persist in the environment; that care is required in the handling, possession, use and disposition; that tolerance limits have been or are being established for PCB's in various food products. Monsanto has therefore adopted certain restrictive policies with respect to its further production, nr.He end delivery of PCB's, including the receipt of undertakings from its customers as set forth below, and Buyer is willing to agree to such undertakings with respect to sales and/or deliver? of PCS's by Monsanto to buyer. tfio . . Accordingly, Buyer hereby covenants and agrees that, with respect to any and all PC3's sold or delivered by or on behalf of Monsanto to Buyer on or after the date hereof and in consideration of any such sale or delivery, buyer shall defend, indemnity and hold harmless Monsanto, its present, past and future directors, officers, employees and agents, from and against any and all liabilities, claims, damages, . . penalties, actions, suits, losses, costs and expenses ((except to the r-e-t>x extent arising from failure of PCB to conform with specifications) _) arising out of or in connection with the receipt, purchase, possession, handling, use, sale or disposition of ouch PCB',.s hy-r through or under Buyer, whether alone or in combination with (^nyy^tnar substance, including without implied limitation, any contamination of or adverse effect on humans, marine arid wildlife, food, animal food or the environment by reason of such PCB's. All existing contracts for the sale of PCB's by Monsanto to Buyer are hereby amended to contain the provis forth above. ' t-c- ing herein shall create or imply JMonsanto to sell or deliver any PCE' /w/^takihgsor agreements purporting to V binding unless hereafter made in wr.i this agreement and signed by the par ' or variance of the above undertaking lodgement or acceptance of any sale instructions or other forms contain! herewith. ty oifobligation of aVjJ No conditions, underno terms hereof shall be cifically referring to bound and no modification e effective by the acknow, purchase order, shipping' or conditions at variance Universal Manufacturing Cernoraticn . / / \Tbuycr) BY-V 1 ,. < -V -i .>________ BY: TIT1X: DATE: President January 7, 1972 _______MONSANTO COMPANY ~ MOMS 072963