Document MGaVRw9a7LJe5bjw8z2ezgLBM

Thin Supplemental Agreement made thie / day of April, 1922, by and between AHACOHDA LEAD PRODCCTS COMPART, a eozporation inoozporated under the lave of the State of Delaware, and baring its principal offices at Hew York City, Hew York, party of the first part, Hereinafter re ferred to and designated as "Anaconda", and THE GLIDDIH COMPANY, a corporation incorporated under the laws of the State of Ohio, and baring its principal offices at Clere- land, Ohio, party of the second part, and hereinafter re- j ferred to and designated as "Glidden", ; ! T 1 THXSSITH: , I WHEREAS, the parties hereto entered into a cartel* eontract under date of the twenty-third day of September, 1921, for the sale by Anaconda to and the purchase by Gliddem of dry white lead (which contract is the contract hereinafter referred to), and the parties hereto consider it ts their mutual advantage to modify the terms thereof as hereinafter set forth: HOW, THEREFORE, it is agreed: i I 1. As provided in Paragraph 14 of the Contract, Anaconda hereby notifies Glidden, and Glidden hereby ac cepts such notification and consents that the Contract is hereby extended for an additional period of four (4) ywarc from and after the Thirtieth day of September nineteen hundred snd twenty-two (September JO, 1922). 2. The abatement at the beginning of Paragraph 9 of the Contract that the normal production of Anaconda'a plant is approximately at the rate of Plve thousand (5,000) tone per annum, is cancelled, hut otherwise Paragraph 9 re mains unchanged, except with respect to the quantities of white lead to he sold under the Contract, Which are in creased in accordance with the following provisions of this agreement. 3. The minimum of Nineteen hundred and ninety-two (1992) tons of Anaconda dry white lead per annum which Glidden agrees to purchase from Anaconda and which Anaconda agrees to sell to Glidden, aB provided in subparagraph (a) (being the first two paragraphs) of Paragraph 7 of the Contract, is hereby increased to Three thousand six hundred (3,600) tonB, and the monthly quota specified in the eaid paragraph of One hundred and sixty-six (166) tons to : be taken by Glidden, and to be shipped by Anaconda, is : correspondingly increased to three hundred (300) tone. . The monthly minimum quantity of dry white lead which Glidden agrees to take may in any one month be reduced to not less than two hundred and fifty (250) tone; pro vided the quantity which Glidden Shall take each twelve ' (12) monthe during the period beginning with the first (1st) day of April, Nineteen hundred twenty-two (1922) and ending the first (1st) day of April, Nineteen hundred twenty-six (1926) shall in no event be less than thirtysix hundred (36OO) tons, and for the six (6) months' per iod from the first (let) day of April, Nineteen hundred twenty-six (1926) to the end of the term of the contract, September thirtieth (30th), Nineteen hundred twenty-Blx PNYC00001792 T (1926), the quantity which Glidden shall take shall he not less than eighteen hundred (1800) tone; and provided fur ther that Anaconda in no one month shall be obligated to deliver more than five hundred (500) tons. 4. The additional monthly quantity of one hundred sixty-six (l66) tons which Slidden has the right to pur chase and Anaconda obligates itself to furnish in acoord- anoe with subparagraph (b) of Paragraph 7 of the Contract, i is hereby changed to two hundred (200) tons per month, the I other provisions of said subparagraph remaining unchanged. ! Slidden agrees that in addition to its obligation to purohase a minimum amount of dry white lead, as provid- ! ed in Paragraph 3 hereof, it will purchase its entire re requirements of Buch dry white lead from Anaconda, except in those cases where the specifications of Slidden's ousto :: mere may require a different brand, and accordingly, the . |- first sentence of subparagraph (0) of Paragraph 7 of the k ; Contract is hereby amended to read as follows: 1 *In addition to the obligation of Slidden to j purchase a minimum amount of Anaconda dry white lead ! t PNYC00001793 ific Coast, and except in those cases where the speci fications of (Hidden1 s customers require a different brand.* the other provisions of said subparagraph (o) remaining unchanged, except as modified in this supplemental agree ment. But it is expressly agreed that nothing in the | i Contract or in this supplemental agreement shall obligate | Anaconda to deliver in any one month more than five hundred (500) tons of dry shite lead (including therein the quan^ tity specified in Paragraph 3 hereof), except to the ex- , tent of the willingness of Anaconda to furnish in excess of such five hundred (500) tons, s b provided by subpara graph (c) of Paragraph 7 of the Contract, as modified by this supplemental agreement. , The portion of Paragraph 7 of the Contract ! i \ reading as follows: "The freight charges from Anaconda's works to j i1 j i any destination to which Glidden may direct the ship- :1 sent of white lead shall be borne by Glidden, but j I Anaconda will allow the freight to Glidden on shipmen 4s to the Heath ft lEilligan plant or other of Glidden's | plants in Chicago, Illinois" | is hsreby cancelled, and the following is substituted for' it: 1 "Anaconda agrees to allow to Gliddsn the freight' chargee on shipments of dry white lead from Anaconda's plant at last Chioago, Indiana, to the Heath ft Uilligan or other of Glidden'e plants in Chicago, Illinois] and also to Glidden's plants at Heading, Pennsylvania P N rc o o o o im ? Cleraland, Ohio, St, Paul, Minnesota., and at Hew i Orleans, Louisiana; 'but to any plant of Glidden which ia located at any other point than Chicago, Cleveland, St. Paul, Now Orleans or Reading, Anaconda will allow actual freight, provided that if the actual freight (to any other point than Chicago, New Orleans, Cleveland, St( Paul or Reading) shall be in oxceee of Pive dollars (IJ.OO) per aet ton. Anaconda shall allow Glidden up to hut not in excess of Five dollars ($5,00) per net ton, and the exoeee of such freight above Rive dollars ($5.00) per net ton shall be boras and paid by Olidden; the freight to be computed on actual weight of dry white lead, including therein the barrel or container. All freight charges shall, in the first instance, be paid by Olidden." 6. (a) The portion of Paragraph 7 of the Contract (at the top of page nine) reading ae follows: "It is expected however that Anaconda nay desire to make shipment upon such orders from points other than last Chicago, and it ia agreed that upon any order for white lead given by Olidden, Anaconda may, in its discretion, males shipment of the lead ordered either in whole or in part from Past Chicago or any other point or points at which Anaconda shall at the time have a stock of its white lead unsold and available for shipment. It ia further agreed that Anaconda must ship upon such orders the amount thereof to the extent that it may have unsold stocks of whits lead wherever situated, and that any failure to ship PHYCOOQOl795 5 1 will not be excused merely because it baa not a suf ficient available supply of lead at East Chicago." is hereby canceled, and the following is substituted for it; 1 "If Glidden requests a shipment from one of Ana conda's local stocks maintained at a point other than East Chicago (which said request by Glidden Anaconda may accord or refuse, at the latter's option), then the total freight on such shipment from East Chicago to Baid stock point and from the stock point to destina- i jtion shall be Battled for as follows; Anaconda shall allow to Glidden an amount equal to the amount which under Paragraph 7 of the Contract, as amended by Para-| graph 5 of this Supplemental Agreement, would have been allowed by Anaconda to Glidden for freight had the shipment been made direct from East Chicago to the point of destination, and Glidden shall bear the re- j mainder of the total freight on the shipment from Eastj Chicago to the stock point and from the stock point to; destination." (b) All of Paragraph 8 of the Contract is here- j by canceled, except the portion thereof reading as follows:' "Adjustment and payment of balance owing to either ! party by the other on account of freight under the ! foregoing provisions shall be made monthly at the time and place fixed for the monthly payment for lead to be! made by Glidden insofar as the same can at that time be ascertained." 7Anaconda agrees that if Glidden pays for its shipments of each month upon the twentieth (20th) day of the succeeding month, as Glidden agrees to do in Paragraph 12 of the Contract (at the bottom of page fifteen), then Anaaonda will allow Glidden the caBh discount usual to I the white lead trade, but in any event not in exceSB of 6 PNYC000C1796 T Tito pear cant. (2Jb) . 8. By ress on of the fact that mixing Anaconda pulp ' lead in a centrifugal pulping machine is an experiment, Anaconda agrees to pay for the installation of the neoesi sary equipment to a maximum amount of Three thousand Dol- , lars ($3,000) in the Heath & Milligan plant of Glidden at \ 1 Chicago, Baid equipment to remain the property of Anaconda,, with the understanding that at any time on or before April : 5, 1923 Glidden shall have the option of purchasing the said equipment from Anaconda at the cost thereof to Ana- j conda, including cost of installation, and if Glidden shall! i not exercise such option Anaconda shall after April 5, 1923- have the right to remove the maohine at any time at its- t discretion. Glidden shall be responsible for the oar# and , operation of said machine and shall indemnify and hold Anaconda free and harmless from any and all liability for 1 personal injury or other damage caused by such operation. 1 I 9- i Glidden shall have the right at its option to j' take from Anaoonda pulp lead under the Contract in lieu ' of dry lead, provided that Glidden give written notice to : Anaconda on or before the 13th day of the month preceding I j the month in which it requires delivery of pulp lead, spec ifying the quantity of pulp lead to be delivered and the month of delivery. All the terms and provisions of the Contract which apply to dry ,-lead shall apply to pulp lead except as herein provided. The price of pulp load j' shall be the same as that provided with respect to dry ! ' lead but shall be computed on the dry content of the i pujtp lead, but if Glidden shall exercise its option under | ! t! 7 PNVCOOOO1797 r I tb# prmolding Paragraph 8 to purcba.uo t4* P"lplag-nomn | ; equipment installed in its Heath & Milligan plant hy | Anaconda, then after Glidden ehall have paid for the eaid ! ; equipment. Anaconda will allow Glidden a deduction of Pour ' 1i dollars ($4,00} per net ton on all pulp lead theretofore j' and thereafter taken hy Glidden/ this deduction to apply only to the dry content of such pulp lead. Anaconda agrees j to proTide the containers in whioh pulp lead ehall he ehlpped, and Glidden agrees to return them to Anaconda in substantially the same condition ae when received. Anacon-I ! da will pay the freight from Sast Chicago to Glidden^ plants in Chicago on pulp lead, and also the return freight from ! the said Chicago plants to last Chicago on the empty con tainers. But if Glidden request shipment of pulp lead to places other than Chicago, then Glidden shall pay the re- ! i j turn freight to last Chicago on empty containers and shall j I also pay all the freight from last Chicago to destination On the water content of the pulp lead, and with respect to the dry oontent the prori si one of Paragraph 7 of the Contract as herein amended (by Paragraphs 5 and 6 hereof) shair apply. Por the purpose of computing quantities under the Contract or this supplementary contract, pulp lead shall be taken at ite dry weight. .10 Glidden will at all times afford the representa- j tiTes of Anaconda access to its plants for the purpose of : observing and studying the apparatus and methods of grind ing Anaconda white lead, t ! * ii. j This supplemental agreement Shall become effective iI I aB of April 1st, 1922, and apply to all shipments which, 8 ^coooouse in accordance with the prorieione of the Contract, are invoiced ae of the month of April, 1922, and thereafter. ' i ' With respect to shipments which in accordance with the pro-1 l visions of ths Contract, are invoiced as of the month of March, 1922, and prior months, the provisions of the Con- tract as originally executed shall govern. Except as here- i in specifically modified, the terms and provisions of the Contract shall remain in full force and effect. IE WITHESS WHEREOF, ths parties hereto have j I I j caused this agreement to be executed in their corporate names by their respective Presidents or Vice-Presidents and theirj corporate seals to be hereto affixed attested by their re spective Secretaries or Assistant Secretaries as of the day and year first above written.