Document ZnM5eBLmVVJE2y79r3aL6ob0p

To From Subject ETHYL COR INTERS Mr. F. P. Warne DEpARTMS J f^Z^RESs fcichmond E. Whitehead Elmore FILE Economic Force Majeure and Other Force Majeures Address (Baton Roug Date April 25, 1974 In light of the ever increasing developments concerning the possible carcinogenic, acro-osteolysis and/or angiosarcoma effects of Vinyl Chloride Monomer, I am wondering if we perhaps do not have an additional argument to be made under our Vinyl Chloride Monomer contracts with customers such as Borden. Specifically, I am interested in the possibility of passing on adtitional costs associated with handling the monitoring and additional pre cautions required. Further, I am interested in whether or not Ethyl voluntarily could cease selling Vinyl Chloride Monomer at least to out side customers if it believed the potential risk of health hazards was exceptionally high (especially in light of the price of the product). This, of course, may be difficult to justify if we continue to manufacture Vinyl Chloride Monomer for our own internal needs for PVC and continu th manufacture of PVC containing Vinyl Chloride Monomer. Nevertheless, the use of the product internally is within our own control while the use of the product outside is not. Alternatively, we could agree to continue to sell only to customers who are willing to assume the added risks as sociated with the purchase. Basically, there are two questions. One question is are we ade quately protecting ourselves from possible suits arising from health haz ards by customer indemnification, insurance or otherwise as far as sales of VCM and PVC are concerned. The other question is do we have any legal right to terminate voluntarily the supply of VCM under contracts be cause of the potential health hazards. EWEtnsj Produced underOrder 1/1 MX) in l~finnfn #904*37dvt Ijndoo #97-7949 14th Judicial District Court, State of Louisiana. All claims ot privilege, work product and confidentiality reserved in all other mailers. VC313