Document QOaBkK2jwBQ93eQzDGadVr06

PLAINTIFF'S EXHIBIT COC.'NS TOWR Mi;^ SANTA ROSA.CALIF. ft Flvor Products Company A DIVISION CF < rt. 3R CORPORATION 1.TD, GENERAL OFFICES WHITTIER. CALIFORNIA November 5, 1957 PAOLA. KAN. PLEASE REPLY TO. 1819 WEST SIXTH STREET LOS ANGELES 57. CALIFORNIA American Smelting and Refining Company 1 Paso Smelting Works Branch P. 0. Box 1111 El Paso, Texas Attention: Mr. Lester Burt Maintenance Engineer ADDITIONAL COOLING FLUOR COCLING TOWER EL PASO SMELTING WORKS BRANCH EL PASO, TEXAS FLl'CR PROPOSAL LA-RE-770 Gentlemen: In accordance wit!, your recent conversations with our Mr. C. W. Potts, we have developed prices for two possible modifications to your existing Fluor cooling tower. These alternates are as follows: LA-RE-770.0 The first modification which we propose involves the installation of new 60 drift eliminators, a redwood low pressure distributing system and additional splash decks. The new drift eliminators are the two pass 2igzag type which are designed for minimum resistance to air flow and maximum removal of entrained moisture from the air leaving the tower. The new distributing system will be all redwood with a center header in each cell. Redwood pipe laterals will branch off from these center headers and feed the water to the porcelain splash type nozzles. COOLING TOWERS METAL PRODUCTS PIPE PREFABRICATION ASARCO ELP 0007406 Flvor Prodvcts Company American Smelting and Refining Company El Paso, Texas November 5, 1957 3 All of the above prices include the installation of necessary supports for the components added. The prices do not include, how ever, any taxes, freight, or unloading and hauling of materials at the jobsite. The redwood used in decks, panels, drift eliminators, and battens will be Clear all heart grade, while the redwood used in all structural members will be CTI Grade 3 or better with the grade being determined by Fluor consistent with structural requirements. The following grades will not be used for any purpose: A Grade, Utility, Sap Common or Number 3 Common. All grades referred to are as defined in the Cali fornia Redwood Association's Standard Specifications for grades of California redwood lumber and CTI Bulletin STD-103. Cur quotation is based on the following assumptions: 1. A minimum of one cell will be shut down while these repairs are being performed. 2. Disposal of dismantled materials will be handled by others. 3. Necessary 110 volt 60 cycle 3 phase current for use with our power tools will be furnished to us. Should you elect to have Fluor supervise or perform any additional work while we are at your jobsite, the following price basis will be used: Any materials required over and above those covered in this quotation shall be at our current, standard selling prices. Any additional labor performed by Fluor will be billed on the basis of actual cost plus ten percent (10%) for insurance, plus twenty-five percent (25%) for overhead and profit. Additional supervision will be furnished at Sixty-Five and No/100 Dollars (S65.00) per day plus all expenses incurred for mileage and telephone calls. The prices quoted are firm for six (6) months provided your order is received within thirty (30) days from the date of this proposal. Shipment of materials can be made within six (6) weeks after your authorization to proceed is received. ASARCO ELP 0007407 Fluor Products Company American Smelting and Refining Company El Paso, Texas November 5, 1957 2 The addition of more splash decks is made possible through the elevation of the distributing system. Since the new system is of the low pressure type, it can be placed directly below the drift eliminators, thus, allowing additional space for decking. With the above modifications we anticipate that the tower will be able to cool 14,500 GFM from 100F. to 81F. with an ambient wet bulb temperature of 69F. This represents a 3 improvement in the attainable approach to your wet bulb temperature. This statement is based on an estimated present performance capacity of 14,500 GR4 from 103F. to S4F. with an ambient wet bulb temperature of 69Fi The price of the materials necessary for this modification is Nine Thousand Seven Hundred Sixty-Four and No/100 Dollars ($9,764.00) f.o.b. Santa Rosa, California. Should you elect to do so, Fluor can furnish the supervision and erection labor to accomplish! this modification for a price of Seven Thousand Two Hundred Forty-Nine and No/100 Dollars ($7,249.00). LA-RE-770,1 The second alternate modification which we propose goes one step further than the modification outlined above. In this case, we would make the same changes as listed in the first alternate but we would also add a four foot layer of redwood film pack in the lower portion of the tower. This step will, of course, provide additional cooling capacity. The anticipated performance of the tower would be 14,500 GH4 from 9SF. to 79F. with an ambient wet bulb temperature of 69F. This represents a 5 improvement in the approach from the estimated present capacity listed above. The price of the materials necessary for this modification is Twenty-Five Thousand One Hundred Sixty-Six and no/100 Dollars ($25,166.00) f.o.b. Santa Rosa, California. Supervision and erection labor can be furnished by Fluor for a price of Eleven Thousand Seven Hundred Fifty-Nine and No/100 Dollars ($11,759.00). Each of these figures represents the total alteration including new drift eliminators, distribution system, additional splash decks, and the redwood film pack. ASARCO ELP 0007408 Flvor Products Company American Smelting and Refining Company El Paso, Texas November 5, 1957 4 Our Conditions of Sale, Terms of Payment, and Warranties and Insurance Exhibits are attached and become a part of this proposal. We thank you for your continued interest in Fluor and trust that our quotation will be looked upon favorably. Very truly yours, FLUOR PRODUCTS COMPANY / L- -*'.'* Duane C. Neverman District Sales Engineer DCX:aw Attachments cc: Addressee (2) ASARCO ELP 0007409 FLUOR PRODUCTS COMPANY A DIVISION or THE FLOOR CORPORATION, LTD. Whittier, California District niiico Los Ancele.s________ Proposal No. LA-Rn-77..____________ Daio_________ November f. Exhibit "A" CONDITIONS OF SALE 1. This proposal contains the entire contract between the panics, and it is agreed that there are no agreements, warranties or representations, expressed or implied, related to this contract except such as are specifically set forth herein, and when duty accepted and approved, it shall constitute the entire contract between the parties hereto. No modification thereof shall be binding on either party unless in writing and duly signed by the Purchaser and by Company. If this proposal specifies erection or installation by the Company, then this proposal contains two offers: one for the sale of equipment and materials, and the other for the erection or installation of such equip ment and materials on the site specified by Purchaser's order accepting this proposal 2. Title and Right of Possession -- It is expressly understood and agreed that (a) Tide to the materials and equipment sold, dependent upon the specific terms and conditions of the offer and sale, passes to die Purchaser either (1) When delivered f.o.b. shipping points, or (2) When delivered on Purchaser's order to contract carrier or other Purchaser's representative at Company's factory. (b) Right to possession of the materials and equipment called for and furnished under the terms of this proposal, and any replacements thereof or substitutions therefor, and the right to use the same under the patents of the Company, shall remain in the Company until all payments due hereunder, and payments of any judgment thereon, shall have been fully made in cash, notwithstanding the manner of its annexation to realty. 3. Withdrawal of Proposal --This proposal may be withdrawn by the Company at any time before written acceptance by Purchaser and approval, in writing, by the Company and shall be deemed to be withdrawn if not accepted by the Purchaser within thirty (30) days from the date of the original pro posal or latest revision thereto. If accepted by Purchaser after expiration of this period, the proposal is subject to review and revision prior to its being accepted by the Company. 4. Drawings--The Purchaser shall furnish the Company all information, instructions and drawings necessary for final design of the equipment simultaneous with Purchaser's acceptance of this proposal. After receipt of above information and drawings, Company will prepare ana furnish to Purchaser, within the number of days specified in the proposal proper, general arrangement drawings showing the location of equipment with respect to foundations, loading diagrams, location of anchor bolts in the foundations and general views of the equipment showing all pertinent dimensions and the location of outside connections to the equipment. Purchaser shall return such drawings to Company approved or disapproved within two (2) weeks after their receipt. If said drawings are not received by the Company within the specified period, the Company may assume that the drawings have been approved by the Purchaser and proceed with the final work or delay fabrication after notifying Purchaser of Company's proposed action. Upon completion of the work, the Company will furnish Purchaser with not to exceed three (3) Ozalid prints of all general drawings in addition to three (3) manuals con taining parts lists for mechanical equipment, operating and maintenance instructions for the equip ment. Any additional prints or manuals requested by Purchaser will be charged to Purchaser by the Company at its prevailing price for such prints and manuals. 5. Purchaser's Responsibilities --Unless otherwise herein expressly agreed, the Purchaser shall fur nish the following without cost to the Company: (a) Adequate foundations in accordance with general arrangement drawings furnished by the Company. Purchaser assumes full responsibility for depth of footings, size, dimensions, struc ture and construction of the foundations, and the kind and quality of materials used. The Com pany shall have no obligation in connection with such foundations. (b) All piping, valves, fittings, electric wiring, instrumentation and any other equipment not specifically set forth in this proposal as being furnished by the Company. (c) Property protect and be responsible for all equipment and material delivered until the same is fully paid for and to hold the Company harmless against the payment of any taxes assessed against the equipment and materials after it shall have been delivered to Purchaser in accor dance with Section 2 (a) above. (d) Provide and maintain all risk insurance againsc any loss or damage to materials and equipment furnished hereunder at the jobsite in an amount fully protecting the Company as an addi tional assured. Policies of such insurance shall be payable to the Company as its interest may appear. All loss and expense resulting from failure to provide such insurance shall be assumed by the Purchaser. CT-1D-2.7007-----(1) EM 6.57 K-a 64203 PRINTED IN U.S A. ASARCO ELP 0007410 FLUOR PRODUCTS COMPANY A DIVISION OF THE FLUOR CORPORATION. LTD. Whittier. California District otficgLos Angeles Proposal No. LA--*R.C~ 7 7- ___ ____ DoteN'ovenber 5 . lCi:'7 Exhibit "A" CONDITIONS OF SALE (Continued) (e) Electric power for use of hand tools and other utilities and sanitation facilities needed to effi ciently erect the material and/or equipment. (f) Electric power necessary to permit Company's erection superintendent to operate the mechan ical equipment under load prior to leaving the jobsite upon completion of erection. Company may, at its option, invoice Purchaser for travel time and travel expenses, to and from the jobsite, should it be necessary for Company to send an erection superintendent back to the jobsite to operate the mechanical equipment under load as a result of Purchaser's failure to supply such necessary electric power. (g) All permits, licenses, fees and similar charges required by Federal, State, County and/or Municipal law or ordinances in connection with the installation and operation of the equip ment, including temporary and permanent structures. Purchaser shall procure approval of all plans and specifications, if required, from proper authorities, and shall inform the Company in writing of any changes in Company's equipment necessary to obtain such approval and shall reimburse Company for any costs incurred in making such changes. In the event Pur chaser shall fail to supply any of foregoing, then the Company may, but shall not be required to, remedy such default and the Purchaser shall reimburse the Company for all costs incurred by the Company in connection therewith. (h) Adequate and suitable storage space acceptable to the Company within one hundred (100; feet of the longitudinal axis of the erection site and parallel to such axis and with unobstructed direct access to the erection site, including roadway suitable for heavy loads. The area around the erection site and adjacent to the foundations shall be of adequate width (at least 60 feet), graded and free of trenches or other obstructions, in order to provide suitable space for car rying out the erection work in an efficient and economical manner. The cost of double handling of materials and equipment occasioned by Purchaser's failure to provide reasonably accessible storage space as described in the foregoing or any additional costs resulting from trenches, obstructions, and loose, non-compacted backfill around the erection site which inter fere with erection will be for the Purchaser's account. (i) Check shipping lists against contents of cars or trucks immediately upon arrival of such cars or trucks at jobsite and advise Company, in writing, of any missing materials and equip ment, unless this proposal specifically states that unloading from railroad cars or trucks upon arrival at destination is to be performed by Company. 6. Erection of Equipment and Materials -- Any proposal of the Company to erect at the site speci fied is predicated upon the delivery of the materials and equipment to representatives of the Company within one hundred (100) feet of the erection site by Purchaser or Purchaser's Agent in the same condition as when title to the material and equipment passed to the Purchaser unless this proposal specifically states that unloading from railroad cars or trucks upon arrival at destination and hauling to the erection site is to be performed by the Company; Purchaser agrees to pay the Company for any ex pense or cost due to failure on the part of the Purchaser or Purchaser's Agent to furnish said mate rials and equipment in such condition and location. If erection of materials and equipment is the responsibility of the Company, the Company shall fur nish a competent and experienced erection supervisor and shall furnish the necessary labor to erect the materials and equipment to be furnished hereunder. The Company shall also provide all necessary con struction tools, both hand and power, construction equipment and temporary construction buildings, all of which shall remain the Company's property. Complete erection contemplates continuous and uninterrupted prosecution of the work and all costs and expenses resulting from delays in the work caused by the Purchaser, or its employees, or by reason within the Purchaser's control, will be for the account of the Purchaser. 7. Supervision of Erection -- Where the Purchaser elects to furnish the necessary labor for the erec tion of the materials and equipment, the following will apply: (a) The price quoted in the within proposal indudes the services of a competent and experienced superintendent for a period not to exceed................ ......working days, with all travel and living expenses of such superintendent for the specified period. All working days in excess of the number specified shall be paid for by the Purchaser at the rate of................................................ Dollars per working day. (b) In the event that erection is not continuous, through no fault of the Company, necessitating the removal of the superintendent from the job and his subsequent return, any additional ASARCO ELP 0007411 FLUOR PRODUCTS COMPANY A DIVISION OP THE FLUOR CORPORATION, LTD. Whittier, California District Offica LoS Anglic'S__________ Proposal Mo. LA-H.h-77 _______________ Dale_________ November J . l<\r7 Exhibit "A" CONDITIONS OF SALE (Continued) traveling time and expense shall be for the Purchaser's account. Any and all waiting time for which the Company is not directly responsible shall be treated as working time and paid for by the Purchaser. 8. Arrival of Superintendent -- Company's erection superintendent will report at a time requested by the Purchaser provided the Purchaser gives notice in writing not less than ten (10) days in advance of the date required. It shall be assumed that receipt of Purchaser's request for an erection superinten dent indicates that the equipment, site and foundations will be ready for the start of such erection upon arrival of the superintendent. In the event materials, equipment, site and foundations are not ready upon arrival of the superintendent, requiring him to remain idle or requiring him to leave the site and return at a later date, the Purchaser will be invoiced for any additional costs resulting from such unreadiness. 9. Labor Premiums --The price quoted for erection supervision and erection labor, unless otherwise mentioned in the within proposal, is based upon a standard eight (8) hour work day and a standard forty (40) hour work week; a standard work week being defined as beginning with an eight (8) hour work day on Monday and ending with an eight (8) hour work day on Friday. If satisfactory labor cannot be employed on a forty (40) hour work week basis due to shortage of labor, length of work week in effect (with any craft) in the area of the installation, or any other con ditions over which the Company has no control, including overtime work requested by the Purchaser, it is agreed that the contract price shall be increased by the amount of the addition^ erection costs represented by the premium labor charges, including insurance and taxes, for working on an overtime basis. Should prevailing labor conditions in the area of installation require "high time" premium wages or any other special considerations, such additional costs will be invoiced separately on the basis of actual cost to the Company. 10. Liability -- (a) In case the materials and equipment covered by this proposal are destroyed or damaged so as to prevent or unreasonably delay the completion of the erection of such materials and equip ment, the Company shall be paid the contract price less the reasonable value of the work and labor (if erection is by Company) unperformed at the time of such destruction or damage. (b) Company's liability for loss or damage to property and/or for injury or death of persons in connection with any contract resulting from Purchaser's acceptance of this proposal shall be limited to the coverage as set forth under Exhibit "D"--Indemnification and Insurance--which exhibit is made a part hereof by reference. (c) Purchaser shall be solely responsible for all loss or damage to materials and equipment due to any cause occurring after delivery of the materials and/or equipment by Company to Pur chaser or any carrier for transportation to the user's site. (d) Any delays in Company's performance under the contract resulting from the acceptance of this proposal by the Purchaser, which is beyond the control of the party in default, shall not constitute default hereunder or give rise to any claims for damages if and to the extent it is caused by or resulting from acts of God, earthquake, fire, explosion, flood; and strikes, lock outs, boycotts, picketing, labor disturbances, or differences with workmen, except as they may be directed at Purchaser or others at the jobsite, acts of the public enemy, declared or unde clared war, atomic or nuclear fission, rebellion, riots; or acts of Federal, State, County or Mu nicipal governments. (e) Company shall in no event be liable for loss of anticipated profits, loss by reason of plant shutdown, non-operation or increased 'expense of operation of other equipment, or other con sequential loss or damage of any nature. 11. Taxes --The prices quoted in the within proposal are subject to the addition of the amount of any tax now or hereafter levied or assessed by any governmental authority (Federal, State, County, Municipal or local) in connection with the transportation, sale, or use of the materials and equip ment sold hereto, in the nature of Sales, Use, Gross Receipts, Manufacturing, Excise, Occupational or Transportation Tax, unless the proposal specifically states that any such taxes are included in the quoted price. 12. No verbal agreement or conversation with any officer, agent or employee of the Purchaser or the Company, either before or after execution of any contract resulting from acceptance of this proposal by both the Purchaser and Company, shall affect or modify any of the terms or obligations herein con tained. C..T-.ID-----2--.7--0--0--7----- (--3)- * ASARCO ELP 0007412 4 FLUOR PRODUCTS COMPANY A DIVISION OF THE FLUOR CORPORATION. LTD. Whittier, California District office Log Arrg-jl-s Proposal No. LA-Ill:--77^ Date_____________ Kovc-nb->r ' Exhibit "B" Part (a) TERMS OF PAYMENT 1. Terms of Payment-- (a) Domestic -- Ninety per cent (90%) of materials and/or equipment, plus taxes and freight charges applicable thereto, in exchange for shipping papers, balance net thirty (30) days from date of invoice. Partial shipments will be invoiced and the terms of payment set forth above shall be applicable to such partial shipments. (b) Export --One hundred per cent (100% ) of materials and/or equipment, plus taxes and freight charges applicable thereto, payable net cash in exchange for shipping papers. (c) If shipment of materials is delayed at the request of Purchaser, it is understood and agreed that payment for such materials and/or equipment shall nevertheless be due when Company notifies Purchaser the materials and equipment are ready for shipment. If shipment of materials and xor equipment is delayed at the request of Purchaser, such mate rials and/or equipment will be held at the Purchaser's risk. (d) In the event the dollar value of materials and/or equipment exceeds One Hundred Thousand ($100,000) Dollars, Company will require reasonable progress payments in advance of ship ment. (e) If contract requires Company to provide erection supervision and/or field labor for unload ing. hauling, hoisting, erection and any other work performed at the jobsite, such charges will be invoiced at the start of erection; such invoice being due and payable ten (10) days after completion of erection, provided such erection does not require more than fifteen (15) consecutive working days, fifty per cent (50%) of such invoice will become due and payable .... '..."......--......days after date of such invoice, with the balance being due and payable ten (10) days after completion of erection. (f) All payments are payable in United States funds at par. (g) It is agreed and understood that final payment under conditions set forth herein does not relieve Company of its responsibilities as to "Warranties of Material and Workmanship" and "Guar antee of Performance" as set forth in Exhibit "C," Parts (a) and (b). 2. Cancellation -- (a) Should Purchaser cancel the order, it is agreed that; (1) If fabrication has not been started, Company will invoice Purchaser in an amount equal to ten per cent (10%) of the purchase price plus any other charges incurred on purchase orders issued by Company for materials against the contract; or (2) If fabrication has been started, Company will invoice Purchaser an amount to cover all of Company's direct costs, plus a reasonable amount for overhead and profit. ASARCO ELP 0007413 FLUOR PRODUCTS COMPANY A DIVISION or THE FLUOR CORPORATION, LTD. Whittier, California District Office,--Los Anc;0 1.5 Proposal No. 77 DateNovembir Exhibit "C" Part (a) WARRANTIES OF MATERIAL AND WORKMANSHIP 1. Company warrants that the equipment offered in this proposal will meet the requirements of the specifications herein set forth if (1) properly erected in accordance with instructions and detailed drawings provided by Company, or (2) properly erected under the supervision of Company erection superintendents and (3) operated by Purchaser in accordance with generally approved practice for the operating conditions specified. 2. Company warrants that the equipment offered in this proposal shall be free from defects in ma terials and workmanship (or in erection, if erected by Company) for a period of...................................... .... Ihirtegr ......months after first shipment of materials: it being understood that Company shall not, in any event, be held liable for defects which are the result of erosion, corrosion, deterioration from unusual causes, normal wear and tear, or operat:r>g conditions more severe than those specified and for which the equipment is designed. 3. Company will, upon receiving written notice from the Purchaser, repair or replace said defectivepart, f.o.b. point of shipment, provided inspection by Company verifies the claim. Said notice bv Purchaser s'nali be given Company immediately upon discovery of any defect and thali describe in full the defect and or malfunction claimed. Correction of such alleged defects by repair or replacement by Company shall constitute a fulfillment of all Company's obligations to the Purchaser hereunder. 4. Company warrants that motors and other mechanical equipment will be of a size and type recom mended and approved by the respective manufacturers for the service specified and Company warrants such equipment to the extent to which they are warranted by their respective manufacturers. 5. The failure of any mechanical equipment caused by (1) failure on part of Purchaser to proper!v maintain such equipment in accordance with instructions issued by Company, or (2) operation of such equipment under conditions more severe than those for which the equipment is designed shall terminate ail warranties covering materials and workmanship of such equipment and shali exone'.i'r Company from all liability for injury or damage to persons and property. CT.ID.2.7 5IO SOM 3*SC K.s NO POINTED VSA ASARCO ELP 0007414 FLUOR PRODUCTS COMPANY A DIVISION or THE FLUOR CORPORATION. LTD. Whittier, California District oiiicp Los Anceic-s______ Proposal No. LA-RE-7 70________ DateN'ovenbcr 2-A" 7 Exhibit "D" LIABILITY INDEMNIFICATION AND INSURANCE 1. INDEMNIFICATION--LIABILITY AGREEMENT Company shall indemnify and hold Owner and/or Purchaser harmless from any and all claims, liabilities and causes of action for injury to or death of any person, or for damage to or destruc tion of property (excluding damage to the work to be performed hereunder) resulting from any and all negligent acts or omissions of Company, Company's employees. Company's subcontractors or of any such subcontractor's employees in connection with the performance of Company's work pro vided for hereunder. Company's obligations under this paragraph shall not exceed the limits or scope of insurance coverages which the Company shall provide as outlined below. 2. INSURANCE AGREEMENT Company agrees, commencing with the date of performance of any field work hereunder and con tinuing until the within agreement has been fully and completely fulfilled by Company and all tools and equipment of Company have been removed from Purchaser's premises and until all the employees, agents or other representatives of Company and all subcontractors, if any, have left the Purchaser's premises, to provide and maintain in full force and effect, with responsible insurance carriers satisfactory to Purchaser, and shall furnish certificates of insurance providing that ten (10) days' written notice shall be given to Purchaser prior to cancellation of any policy on the following coverages: a. Workmen's Compensation and Employer's Liability Insurance Workmen's Compensation insurance covering all employees engaged directly or indirectly in the work, in accordance with the statutory requirements of the state in which Company's services hereunder are to be performed. b. Public Liability and Property Damage Insurance Company will provide Comprehensive General Liability policies covering Public Liability and Property Damage insurance which will include Contractual Liability, Contractor's Contingent Liability' and Automobile Public Liability and Property Damage insurance coverages with a limit of SI.000,000 for death or injury to one or more persons for any one accident and with Property Damage limit in the amount of $1,000,000 for any one accident. c. All Risk-Builder's Risk Insurance (1) From and after the date that risk of loss and damage to equipment is assumed by the Purchaser and until the equipment is finally erected and accepted and the contract price paid in full, the Purchaser shall provide and maintain Builder's Risk insurance to the total value of the equipment ancf all work performed in the erection thereof against risks of fire, windstorm, hail, explosion, riot, riot attending a strike, civil commotion, aircraft, vehicles, malicious mischief and vandalism, civil or military authority and other perils covered by such insurance policies, in the name of the Purchaser and Company as their respective interests may appear. All loss to the Purchaser and to Company resulting from the failure of the Purchaser to effect and maintain such insurance shall be assumed and paid by the Purchaser. (2) If, under the Purchaser's purchase order or contract, the responsibility and liability for loss or damage to the work to be constructed hereunder is to be assumed by Company, the cost of such All Risk-Builder's Risk insurance will be invoiced to the Purchaser upon completion of the project. d. Tool and Equipment Floater Insurance Company shall provide insurance covering loss or damage to machinery, equipment and tools owned or used by Company in the performance of its construction work under this proposal. ASARCO ELP 0007415 ASARCO ELP 0007416 ASARCO ELP 0007417 ASARCO ELP 0007418 ASARCO ELP 0007419 ASARCO ELP 0007420 ASARCO ELP 0007421 ASARCO ELP 0007422 ASARCO ELP 0007423