Document RpdbD1pRwnbedvb3Kqy5dqq5v

t# An a c o n d a Co p p e r Min in g Co mp a n y 25 Broadway, New York September 30, 1946 Mr. C. E. Moran, Secretary Anaconda Copper Mining Company Building -Dear ilr, Moran: Attached you will find an original copy (bf a contract between the International Smelting anaTteS^Tidg/ Company and the Eagle-Picher Company ^a^erflng^pjieir purchase of the East Chicago, Ihdiana Pj by both parties and has. been Sxecuted les are concerned can be considered the contract, A cot so signed is going-to Mr. Laist for F.O.CasesMc cc - Mr. F. Laist J enc. I a c t or THI3 AtiRES-iErT mde and entered into this 27th day of . September, 1946, by and between IKTEHHAIIOMAL HMELTIiJG AliD RSFIHIHG CQhfAjri, a corporation organized and easting snider and by virtue of the laws of the State of Montana (hereinafter described as the "'Jollor"), party of the firat part, and TdS EAGLE-FICliEi! COMPAITY, a corporation organised and existing under and by virtue of the lasso of tho State of Ohio (hereinafter described as the "Buyer"), party of the second part, 3 I T K 5 3 S 5 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 tho tercs and conditions as hereinafter set forthi THAI certain tract or parcel of land on which Seller's East Chicago, Indiana, plant la looated, being a fonood area of 37.101 acres, core or less, being -part of tii&t tract of land conveyed to International Smelting and Refining Company by International Lead defining Company by deed, dated December 31, 1334, recorded in the Office of the County Clerk of Lake County, Indiana, in Book 527 at Page 191 on January i6, 1935 j TOGETHER with all the right, title and interest of tho Sellar, in and to any land lying in tho bad of any street, road or avenue, open or proposed, in front of or adjoin ing tho above described premises to tho center line thereof j TOGETHER with all buildings and iaprover.snts thereon, and all flriuroa, including, but not limited to, the boiloi'S, cranes, halting, pluabing .ml lighting fixtures, .rid nil motors, parts or aeoosGories necessary to the rue or operation of any of the ssao now in raid about said promises, together with all furnaces, machines and machinery, appliances oasl o-iuipoont heretofore used by tho Heller in manufacturing operations on said prenisesj TOGETHER with all of the Great Falls dro3s, refuse oxide, high grade land blast furnace slag, and the anolyte ,u:d oatholyte solutions in the white lend plant end the whiio lead in the settling ditch located on said proaiseaj 7^ 'V8 <.v* -1- PH1C00008151 N11317-W TGGSraaR Tilth eJLl the asieriala and. supplies now on sail preniuec, including,' bat witho;it limitation, electrical supplier, bcita, j-cLltor arid safety supplies, .cisaellvnOoua storeroom gupplies, pipes and valTOSi iron and stool shapes, brick replaoeaeat parts, ito-rs recci-ydd af-ier irtyuiiboEy, m supplies net on flora Booms, equipment from Akron and operating supplies} TQG2TK2P, with those itoss which fare sad especially for the East Chicago Pleat, inoluding such items as ourjrotjmdaa retorts,, eppoitl sized silver rotet. bottles, refinery bottles, carborundum and clay nix for use in construction of nuffle fumaobsj TOGSTiiSH with those items new on order by the -Sailer for delivery at fust Chicago consisting mainly of leadin-oil, esns of v.'.r.ioue alsesj TOGETHER with cn csslgumant to the Bayer of Seller's United Staton pe.toat3, naabors .c',156,.420 and 2,174,559, being entitled, respectively, "iletni Vaporizing Furnaces and Processes" and "Vaporising Furnaces and Processes for Sin3 nan Other ;..etnls,rt together with f. nonexclusive, nonassignAblo license to: all those other patents owned by Seller covering any of Its processes, nsthods or equipment employed in its operations at East Chicago, Indiana, prior to the shutdom of that plant on or about ingust 1, 1946j . except tint thl3 Bala shall not include that private railroad car owned by the Anaconda Copper filming Company, now located in n building on the premises herein conveyed. The premises described above are sold subjoot to soaing regula tions adopted by any oity or government authority and to tho30 agreements granting to the Indiana Harbor Bolt Railroad Company rights-of-way for a water pipe, a sorer, and a switch and track entrance to said promises, and also to an easement granting to tho Wortham Indiana Public Service Coapany a ri^it-of-aay for a power line acre33 said promises. Seller will furnish Buyer with a deed and a full sad conplato abstract of title to the realty sold hercnnidar, tiio dead to tie in proper form for rocord, and to contain tho usual full warranty covenants and to bo duly executed and acknowledged try the Seller at S9llor'o exponso so as to convey to the Buyer, or its nominee, the fee simple to said realty, free of all encumbrances, except a3 horaiaaberra daacribod. ?:* pNYC00008758 n~ If tho Sailor shall bo unable to giro good title, or to aake conveyance as herein prorvldsd, any payments sde under this Agrseaeni sixall ba refundod and all other obligations of either party hereunto shall cease, but tho acceptance of the deed and possession by the Buyer shall bo deemed to be a full perforsaaea and discharge thereof. The purchase price is tho sun of Kir.e Hundred Eighty-Eight Thousand Dollars (*788,003.00), except S3 this anount any ba revised by nutuai agreo:.iont between the parties horoto to carer any adjustments following the completion of an inventory of tho materials and supplies inoluded herein, which amount is to bo paid as foliovet (a) Five Hundred Thousand Dollars ($500,000.00) on the signing of this contract, the receipt of which is hereby aeloiovledged. (b) Four Hundred Oover.ty-Five Thousand Dollars (475,300.00) to be deposited on the signing of this contract, along with a copy of this Agreenent, in the Guaranty Trust Company at How Torb, Hen lortc, 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. (c) The balance of the purcliaao prico chs.ll bo paid in cash by tho Buyer to the Seller on or before the delivery and acceptance of said deed. Sater rates, poser bills, real estate end personal property taxes nil! be apportioned as of October 1, 1`>'io. Fire insurance on tho buildings cn said premises now in effect shall be maintained by the Seiler until tho closing of title hereunder, and in case of any losa, all suns recovered or recoverable on account of said insurance shall be paid over or assigned on delivery of the deed to V^\ the Buyer unlooa the prenls'U 3;iall previously have been restored to their iQHsr condition by 'ieller. It la agreed that ti e 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 labora tory for such period us nay bo necessary to close up its offices and affairs in East Chicago. Seller agrees to execute, or cause to bo executed, suoh other and further proper and reasonable Instruments of transfer aa cay be required for the purpose of currying out the intent and provisions of this Agreement. . Tliis Agreement shall bo binding upon the successors and assigns of the parties hereto. Ill B1T1I33S ?:J5RQF, the parties hereto have caused their corporate names to bo signed hereto and asals affixed by their officers in their behalf, all duly authorised the day and year first above written. l1' ''A _4-- P*y c OCq'e?,60