Document gEE2nbEaG3x7wj9LXwKeaVOgL

Wesiiajtio'jss Electric Ccrpcrarion SWKef:3 VSeftssr: BifsnijKtK.esTMii teSx.-J'i tells/,vi(315222 January 12, 1972 Monsanto Industrial Chemicals Co. EOS X. Lir.abergh Boulevard So. Louis, Missouri 63166 Gentlemen: Electric Corporation ("Buyer') desires to purchase for use as dielectric fluids. While Buyer desires to purchase PCB's because of certain desirable flame resistant and insulator properties. Buyer acknowledges that it is aware and has been advised by Monsanto that PCB's tend to persist in the environment; that care is required in their handling, posse:aion, use and disposition; that tolerance limits have bee:', or are being established for PCS' s in various food products. Monsanto has therefore adopted certain restrictive policies with respect to its further production, sale and delivery of PCB's, including the receipt of undertakings from its customers as set forth below, ana Buyer is willing to agree to such undertakings with respect to sales and/or deliveries of PCB's by Monsanto to Buyer. Accordingly, Buyer hereby covenants and agrees that, with respect to any and all ?C3's sold or delivered by Monsanto to Buyer on or aftsr the date hereof and in consideration of any such sale or delivery. Buyer shall defend, indemnify and hold harmless Monsanto, its present, past and.-future directors, officers, employes and agents, from and against any and all liabilities, .claims, damages, penalties, actions, suits, losses, costs and expenses arising out of or in connection with the receipt, purchase, possession, handling, use, sale or disposition of such PCB's by, through 0519358 PCB-ARCH0744857 Monsanto Industrial Chemicals Co. Page Two January 12, 1972 #. l/' t/t It-',/" or under Buyer, whether alone or ir. combination with ocher substances, including, without implied limitation, any contamination of or adverse effect or. humans, marine and wildlife, food, animal feed^ or the environment by reason of such PCB's Buyer further covenants and agrees that such PCB's will be used only as dielectric fluids. ' v>\>. />T' 'V" All existing contracts for the sale cf ?C3's by Monsanto to Buyer for delivery in the future are hereby amended to contain the provisions set forth above. lathing herein shall create or imply any duty or _--obligation of Monsanto to sell or deliver any PCB's to Euyer cr'hur.y duty or obligation of Buyer to defend, ir.demni or hold harmless Monsanto or any other corporation or any i piersor.f7TLti~.^r foy-ehe _if _,oorpc-aasioft-o-g.--- - for ar.y"Srtter .arising out of. or. relating to any) 1 sale .dice ~ date,Ci.the' _e>;eeutic..n.. by U ..o conditions., under3-:endings ^ ,-^r agreernerr purporting tc- modify or vary the terms hereof shall be binding unless here iter made in writing specifically 9 is` t'r-L -f s&r (f mg y Buva'ILrnfrtohme event of litigation involving- PC3's purchased Monsanto Monsanto will maXe available to Buyer such information as Monsanto .has Iwhich *'** i i 'Vw./tS , *X \ .iV^t * iifT f rfe\ /V a' 0519359 PCB-ARCH0744858 , Mor.s a Page Three' January 12 1972 cher M. By' Title Date k " Vice President Jan. 12 , 1972 MONSANTO COMPANY By 0519360 PCB-ARCH0744859