Document mB7jQzb4agZLzzkm3kgwE9J1Z

33US AG3tEE>2Kr, nsde sad entered into as of the first day of Jssaazy, 1953* toy and between The Eagle-Picher Compesy, an Ohio Corpora tion, hereinafter referred to as "Eagla-Plcher", and Owens-Coming Piberglaa Corporation, hereinafter referred to as "Owens-Coming". V3523SS2EH: ' ' IT IS ACB22D AS FOLLOWSj (1) DESCKEEEICH OP PROIUCIS _ (a) "Penco Mineral Wool Insulating Ceoent" is defined as ,7* ^ I a thermal fn-wiffc-j-ig cement aanufactured under United States Patent Bo. 2,237,7^5, packed in 50-pcrund nultivall paper hags bearing said " patent nuaber. (b) "Penco All-Purpose Cement" is defined as a single coat, quiet setting, insulating-finishing cencnt, packed in 50-pound bags. i" ' (2) EEQUIREWHaTS * Eagle-Picher will manufacture for and sell to Owens -Coming - -> and Ovens-Coming will biy from Eagle-Picher, Cvena-Coming* s requirenenta of those materials listed under "(l) DZSCRIPTIOII OP PSOEUCTS" as (a), (b), such casasodities to be under Owens-Coming's trade cark3 and labels. (3) PRICES A3D T3RHS Pricesf and terras are set forth in Exhibit A, hereto attached and made a part hereof. Prices Bay be revised by Eagle-Richer froa time to time on giving notice to Owens-Corning. In the event such revised prices should be unacceptable or unsatisfactory. Ovens-Coming nay cancel tills agreement UHR 0)7437 by Giving Eaglc-Picher notice in writing vitliin thirty* (3) <iny= after receipt of notice of ouch revised prices. (4) QUALITY Cocnodities covered by this agreement shall conform to Eagle-Pichar's standard sales specifications which apply to said cctmoditics generally offered to the trade by Eagle-Picher. In the event such specifications are modified or changed by Sagle-Picher, such modifications or changes shall forthwith be com municated to Owens-Coming. Any claim for defective material, inperfect nanufacture, shortage in count, or for any other cause, shall be presented to Eagle-Pi .-her by Owens-Coming within thirty (30) days after Owens-Coming's receipt of such claim from its custoners, end no etM- shall be node for consequential damages. (5) SHIFWEHTS Carload and l.c.l. shipments ..-ill be made frco time to tine an the wants of Owens-Corning cay require, provided Cvens-Corning gives to Eagls-Plcher reasonable notice of the amounts of ouch shipments to enable fivgle-Picher to make and ship sane. (o) C0STi:JErCIE3 Causes beyond the control of cither party, such as strikes, fires, casualties at plants, or ether difficulties which make it impos sible to fulfill the requirements of this agreement, nhali constitute an excuse for non-performance during the period of Guch disability. Eagle-Picher may add to the price stated herein any taxes or other charges imposed by governmental authority upon the sales, ship ment, or use of said coaiaodities. 2- - UMR 007438 (7) Emms Eagle-Plcher protect and indaanlfy Ovens-Corning ' tram, erftfl against *vt daias, daoages, Judgaenta, expenses and loss aris ing froa the Infringffflent or alleged infringement of any patent of the United States by ary of the goods delivered hereunder; but Eagle-Pichar does not warrant against infSingeseot by reason of the use thereof in combination with. other nT a or in the operation of any process; and Eagle-KLcher shall defend or settle at Its own expense any suit or pro- ip ceeding brought against Owens-Corning for such infringement, provided - that Eagle-Pichar is notified promptly In writing of the conmanceaent of such suit or proceeding end la gives authority, information and assist ance by Ovans-Coznlng for the defense or settlacent thereof. r (3) rwamoH - : This agreement shall be operative for a period of one (l) year and shall continue thereafter, subject to termination by either party at any ts after one (l) yeer subsequent to the dale of executing ' hereof an giving the other twelve (12) Dearths1 notice in writing* In the event of texslnction, Cvens-Corning shall purchase freej Sagle-Picher at Eagle-Picher*3 cost such bags bearing Cwens-Corniag design -which Eagls-Picher say hove os hand at the effective date of such termination. (9) ASSISEUJCS TO 32 PUNISHED BT EftGL2-?T<2C33 Eagle-Pichar will furnish to Owens-Corning (a) Such sales help and counsel as Eagle-Picher Sales and Engineering Bepaxtosezrts cay be equipped to afford. ' (b) Standard size samples, free of charge. In packages 'which will be paid for by Owens-Corning, F.O.B., Joplin, Missouri, 3 - UNR 007439 : 'i,': *! V - *v- t' -WS: ,\`r' V * .* ' ' -1 ''> "\ '.*-i jv : . c * .r . 'fc.cW. .-'.V v;i /; ;y (10).*ASSZCSBSSS . >* S' < * i. * . ** .. ; u "T**. ; ' . *. -*- - ;.< Thia.B^eesaeni shall nob be asalgnrh'ta by either party . ,.*. * .:%'.vs: -- rmTiaa the written consent erf the other in first had and obtained..- _ t v*'s-r>--': ?-X>'r"_,y ,(n) S5S3HS AOCSSea ' J I ** Store Is so sBdergtiancttTtg or s^ree&sst regarding- this coa-.'T >* Jr?'. ~v ' *v- `'i 'jrJSr^- tract other than .shows, herein. ... -* _ Sc-: . \i.j &'. 'si ;^-v. Executed in dunliesfc* as of the ..day . sod year abenre written. =*<. * '* ,! V" . V V ' -' r,* : V... J :-h. * 'e* - *v 5V * ->*~v . `M*. V. \/ ' .. ` rs.* '*&> ' -*: .. - .'** - ifC.Vrr. caEsag*ccgaiBs mascsis 3ffiosfi2EGtt..* ` ' . _ ". : *\ '*v v Vl/U \i Y., ^-'-w *^.-0-^.> .w -...- ' -.v . -v r *r* :.. -i- ' V 'vt^ . *--4 - r^* ... : *rv;r '* . 4- - - .,*W > .* 9; .' - . -.--..Vi'. .**> . v.. - -- - v w 1 r' <S . V - ' -fr.v: , . - **"A "c i.ert ^.r-s^i;' UHR 007440 Cr->.-v. Vv . fgHTsrr "a" ' C3a3-CCTiHI5G TTBZPlZAS CQRPQRAEIOT BAEIOIRL STSTRISUTCSS* PRICE LIST FESCO KZ7BSAL VCOL C3SEXS) > Current Eagla-Plcher T-l (nstributar) Fries ' jj Less 12$ at Published. Price, Carload or LCL, F3BC0 ALL-HJSFCS3 CBSJCff ) Subject to the Following Conditional 1. 'Carload orders only vill he acceptable in the States of Montana, . TWfrncing^ Colorado end Mexico, and any states vest thereof. ;rv 7^->3?3Peigfc on carload shipoerrfcs will he allowed up to 80jJ per cvt. after . *V. egpeltgins freight-fima Trenton, T5ev Jersey; Wauhegan, Illinois; nrta 3 'r' 2Stt3burs> California, whichever Is nearest to destination. 3*: - Frgjfgrfe on 1CL phlrrognto will he allowed up to $1.25 per cvt., after '* "J eajvHrlng- freight froc Trenton, Bew Jersey, and Vauhegaa, Illinois, ` . -V'.. - - $./,, whichever is nearest destination. In all cases, the 22$ discount will apply on the published, price of Eagle-Siefcer Soper *66", in the case of shipments of Fcnco Mineral Wool Cessenrfc, and on the published price of Bagle-Pichar One-Cote Ccsnent, in the case of shipeesta of Penco AH-Purpose Cerent, When r - tha. destination, of a. shipsent is such that excess freight (ever above the freight allowance applicable) is charged, no ccranisalon will apply os the excess freight. ' % UNB 007441