Document VG685LkGqdVKbaLjyvX7xj8YK

>" CANADA LIMITED 425 St. Patrick Strcot LaSollo 0VO, Quebec (>14) 3C6-4B50 SPECXAb BY puPCiL'..sr.:>'s 0" polyC*!-LO;JIKATEE> B.TP:7EKYLS Tire undersigned CANADIAN GENERAL ELECTRIC COMPANY LIMITED uyer") desires to purchase certain polychlorinated biphenyl products ("PCB's") which are manufactured by Monsanto Company ("Monsanto15} and are distributed in Canada by Monsanto Canada limited ("Monsanto Canada"). TJhile Buyer desires to purchase PCIi1 s because of certain desirable flame resistant and insulator properties, Buyer aclmowl edges that it is aware and has been advised by Monsanto and/or Monsanto Canada that PCB*s tend to persist in the environment; that care is required in their handling, possession, use and disposition; that tolerance limits have been or are bing established for PCB's in various food products. I-IoKcanto and Monsanto Canada have thereifjpre adopted certain restrictive policies with respect to^JiSV further production, sale ttad delivery of PCB's, including the receipt of under- tailings from their customers .as-set forth below and Buyer is xrilling to agree to such undertakings uith respect to sales and/or deliveries of PCB's by Monsanto or by Monsanto Canada to Buyer. . . ->. ' Accordingly, Buyer hereby covenants and agrees that, with respect to any and all PCB's sold or delivered by or on behalf of Monsanto or Monsanto Canada to Buyer on or after the date hereof and in consideration of any such sale or delivery. Buyer shall defend, indemnify and hold harmless Monsanto and Monsanto Canada as well as their respective 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 arising cut of or in connection with the receipt, purchase, possession, handling, use, sale or disposition of ouch PCB's by, through or under Buyer whether alone or in combination with other substances, including, without implied limitation, any contamination of or. adverse effect on humans, marine and wildlife, food, animal feed or the environment by reason of such PCB's. DSW 283379.52 STLCOPCB4064760 ) z All existing contracts for the sa_le of VCB's by Monsanto or by I'onscnto Canada to Buyer are hereby aacndod to con tain the provisions sot forth above. '' nothing herein shall create or itxply any duty or obliga tion of j.'onsanto or Monsanto Canada to sell or deliver, any PCBffs to Buyer. Uo conditions;, understandings or ayroon.ersts purporting to codify or vary the terras hereof shall be binding unless hereafter cade in writing speci fically referrixt.gr to this agreement and signed by the parity to be bound and no codification or variance of the above wnd ertahing shall be effected by the scTcaou-- lodgment or acceptance of any sale document, purchase order, shipping instruction or other forms containing terms or conditions at variance herewith. CANADIAN GENERAL ELECTRIC COMPANY LIMITED MONSANTO COMPANY (Buyer) TJTLB ! General Counsel and Secretarv DATE: February 3, 1972 / MONSANTO CANADA' BJI-HTED BY: P-H-v:,./9 y?1 L " v-u,-- -------- 71--r*- * yl . ,V- V ' " ` # , ,f> 1 \ r *Afi OS\N 2833T9-53 STLCOPCB4064761