Document O9OderGwOERBQj422rymGmxL

* Anaconda Copper Mining Company 25 Broadway, New York September 30, 1946 Mr. C. E. Moran, Secretary Anaconda Copper.Mining Company Building ) -Dear Mr, Moran: Attached you will find an original copy fyf a contract between tiie International Smelting anaTbe^Hdd Company and the Eagle-Picher Company 0jper5ings'p(ieir purchase of the East Chicago, Indiana Pj has.been Executed by both parties and les are concerned can be considered the TM contract, A co ''or the so signed is going-to Mr. Laist for F.0.Case:Mc . Jcc - Mr. F. Laist Zour. very t^jjly, <'7? o. C- enc< i i-At.T Of T:H. XHI3 AGRSS-iETf mcla and ontared Into thia 27th day of September, 1946, by and between ItJXERflAXIOKAL BELTING AliD RRFIBIHG CQUrAirf, a corporation crsanlzad and eiiisting aider and by virtue of the laws of tho State of Montana (hereinafter described an the "'Jollor"), party of the first part, and XilS HAGLE-FICliEit COMPAITY, a corporation organized and existing under and by virtue of the laws of tho State of Ohio (hereinafter described as the "Bayer"), party of the second part, n T !i S 3 3 S T Hi That the Seller agrees to sell, transfer and convey, and the Buyer agrees to purchase, all of the following described property, sub ject to the toms and conditions as hereinafter set forth! THAI certain tract or parcel of land on which Seller's . East Chicago, Indiana, plant is looated, being fenced area of 37.101 acres, noro or leas, being part of that tract of laud conveyed to International Smelting and Refining Company by International Lead Refining Company by dead, dated Doccr.'oer 31, 133-4, recorded in the Office of the County Clerk of Lake County, Indiana, in Book 527 at Page 191 on January i6, 1935j IOGSTilER with all tho right, title and interest of the Sellar, in and to any land lying in tho bed of any street, road or avenue, open or proposed, in front of or adjoin ing tho above described premises to the center line thereofj . TOufThRR with all buildings and iniprovenoats f'areon, and all fixturos, including, but not limited to, the boilers, cranes, halting, plumbing .nil lighting fixtures, And nil motors, parts or acoosGorios r.ocscssry to the uso or operation of say of the sane roc in raid about mid premises, together with all furnaces, cochinos and machinery, appliances and o-.-piiyoor.fc heretofore used by the Seiler in manufacturing operations on said premises} X0G2X1ER with all of the Great Falls dross, refuse oxide, high grado las! blast furnace slag, and the anolyte .u:d outholyte solutions in the wiiite lead plant and the whita lead in tho nettling ditch located era said promises} 7^ A,x -1- u pNtCOOO08161 TOGETHER with all the as.teri.ila and auppllea now on said prsnioea, including,' hat without ilmit-ition, electrical supplier, bcltn, janitor r.:ii safety supplies, .isisaellvnoaua storcrooa cuppilss, pipes and valves* iron and stool shapes, brick replaoamexit parts, itcrvc resolved sttssr inyohioty, now supplies net cn iicra Boons, C'-tUipaent iron Aicron and operating supplies j ' ' TOGETHER *Hh those liens which rare suds especially . for the last Chicago Plant, inoluding such items aa ourboljffldsia retorts,, spscis-l sized silver rotat. bottles, refinery bottles, nirborundua and clay nix for use in construction of ruffle furnacesj ' XOGSSiiSi with those it er::c nos on order by the -Seller fpr delivery at lest Chicago consisting nainly of leadin-oil cans' of vr.ricua since; TOGETHER with ail assignment to the Buyer of .Seller's United States patents, naaboro *,156,-410 and 2,174,559, being entitled, respectively, Vnporia:Ln Furnaces and Processes" and "Vaporising Furru-ces and Proeaases for Sin3 aad Other netals," together with a nonexclusive, nonaasignAblo license to: all those other patents owned by Seller covering any of its processes, nabhods or anulpaent employed in its opcr.itidn3 at East Chicago, Indiana, prior to iha shutdown of that plant on or about August 1, 1946j . axoapt tint this sale shall not include that private railroad car owned by the Anaconda Copper Shining Company, now located in u building on the premises herein conveyed. , The premises described above are sold subject to zoning regula tions adopted by any city or government authority and to those agreements granting to the Indiana Harbor Bolt Railroad Company rights-of-way for a water pipe, a saner, end a switch and track entrance to said promises, and also to aa easement granting to tho Northern Indiana Public Service Coapany a right-of-way for a power line across seid promises. Seller will furnish Buyer with a deed and a full and conplato abstract of title to the realty sold hereunder, the dead to be in proper form for record, and to cocfcain tho usual full warranty covenants and to bo duly executed and acknowledged cry the Seller at Seller1 c expense so as to convey to the Duyar, or its nominee, the fee simple to said realty, ~ free of all encumbrances, cnoept a3 horaiaabora daacribad. ..< /-i '* PNYC00003758 If tho Sailor shall bo unable to giro good title, or to oaks conveyance as heroin prpvidsd, an/ payucsnta aside under this Agreoaent shall be refimdod and all other obligations of either party hereunto shall cease, but tho acceptance of the deed sad po3sobaion by the Buyer shall be doomed to be a full uerforaan.es and discharge thereof. The purchase price io tho bud of Hina Hundred Eighty-fight Thousand Dollars (??SS,OdO.QO), except ns this amount any be revised by cutuni agreement between the parties horoto to cover any adjuctaents folioring the completion of an inventory of tho materials and supplies included herein, which amount is to bo paid as follows1 . (a) Five Hundred Thousand Dollars ($500,000.00) on the signing of this contract, the receipt of which is hereby acknowledged. (b) Four Hundred L'crvar.ty-Five Thousand Dollars (475,000.00) to be deposited on the signing of this contraot, along with a copy of this Agreement, in the Guaranty Trust Company at flow fork. Hew Xork, to be paid over to the Seller upon the delivery to and acceptance by the Buyer of a deed and abstract of title covering the realty included in tills 'transaction. (0) The balance of the purchase prico chs.ll bo paid in cash by the Buyer to the Seller on or before tho delivery and acceptance of said dead. Pater rates, power bills, real estate end personal property taxes will be apportioned as of October 1, l'4u. Fire insurance on tho buildings on said praaisss now in effect shall be maintained by the Seiler until the closing of title hereunder, and in case of any loaa, all suias recovered or recoverable on acoount of sold insurance shall be paid ovor or assigned on delivery of tho deed to i-x tlis Buyer, unless the precises siiall previously have boon restored to their fomer condition by hellor. . It ia agreed that the Buyer will take possession of the pro perty on or before October 1, 1946/ but that it will permit the Seller to continue to occupy certain office space and to use the plant labors- toiy for such period us my bo necessary to close up lta offices and affairs in East Chicago. . Seller agrees to executes, or cause to bo executed, suoh other and further proper and reasonable Instruments of transfer aa cay be required for the purpose of carrying out the intent and provisions of this Agreement. . Tills Agreement shall bo binding upon the successors and assigns of the parties hereto. IN WITNESS wiLEKSa?, the parties hereto have caused their corporate names to ba signed hereto and seals affixed by their officers in their behalf, all duly authorised the day and year first above written. INTERNATIONAL 35*32130 AND REFINING COfiBAint By. Vice President 4_ --