Document npKrrwmkQ0dBJ5EwrY7Ye5bqz

lfeissiito 900 N. I.lr 'lci |i, Juulrvu:^ Si. Lauln, 63)46 (3U) 6W-1000 MONOCULORODIPHENYL SUPPLEMENT TO MASTER SALE AGREEMENT BETWEEN THE PARSES DATED JANUARY 3, 1972 SALES CONTRACT SUPPLEMENT NO. SOLD TO DOT C!T""CAI COMPANY USA an operating unit'of THE DOW CHEMICAL COMPANY MIDLAND, MICHIGAN 48640 73-2 Seller agrees to sell and Buyer agrees to Durchase the material p^j^eifiea upon the following terms and conditions. goods Monochlorodiphenyl, meeting specifications a3 set forth on Exhibit A quantity 20 55-gallon drums PATMENT TERMS f.o.b. Sauget, Illinois PACKING a PRICES PONS 073204 )remarks a This transaction is subject to the Master Sales Agreement between the parties dated January 3, 1972, except as provided in Remark B) below, and subject to the additions thereto as follovis: (CONTINUED ON ATTACHMENT MARKED "RIDER A") This contract will not be binding on Seller unless accepted and returned within thirty days from date hereof. ACCEPTED AS OF THE DATE HEREOF DOW CHEMICAL COMPANY U3A, An Opcratin \)nit. of THE DOW CHEMICAL COMPANY /3 . _________ Tl,LC-Manager"Purc!rasesr~0rganIcs S-430 MU V |(J 7 1 Title. / RIDER A 1) For purposes of this Supplement covering the purchase and sale of Monochlorodlphenyl, the second sentence of 2.12 of the Master Sales Agreement between the parties dated January 3, 1972 Is modified to read: "This Contract, together with the attached Monochlorodlpheny1 Supplement and Special Undertaking of Purchasers of Monochlorodlpheny 1, constitutes the ful-i. understanding of the parties, and a complete and exclusive statement of the terms of their agreement." 2) It Is understood that the Monochlorodlphenyl sold hereunder contains polychlorinated biphenyls, which some studies have shown may be an environ ' mental contaminant. It Is also understood Buyer Is purchasing the quantities of Monochlorodlphenyl covered hereby for use solely by the Euyer as a raw material In a reactive process for the production of Bample quantities of ortho- and para-phenylphenol. In which process the chemical form of Seller's Monochlorodlphenyl Is changed. Both parties agree: to evaluate the suitability and appro priateness of Monochlorodlphenyl as such a raw material for the manufacture of such products, and to evaluate the environmental and human health acceptability of such finished products and the polychlorinated biphenyls. If any, which may remain or be contained therein. Neither party shall be committed to the sale or pur chase, as the case may be, of additional quantities of Monochlorodlphenyl beyond the quantity provided for herein, unless and until both parties are satisfied with the results of the evaluations to be made and enter into a ' subsequent agreement satisfactory to both parties providing for such sale and purchase. Buyer agrees to use it3 best efforts to prevent Monochlorodlphenyl and any polychlorinated biphenyls contained therein from entering into the environment through spills, leakage, use, disposal, vaporization or otherwise. In the event Seller determines that, in order to prevent MCNS 073207 RIDER A - Page 2 an unreasonable threat to health or the environ ment, it is necessary to discontinue the sale to Buyer of the full a.uantlty of Monochlorodiphenyl provided for herein for the applications con templated by Buyer, Seller may terminate this Agreement at any time. This transaction is also subject to the "special Undertaking by Purchasers of Monochlorodiphenyl" which shall govern and supersede any other, different, additional or inconsistent terms in the Master Sale3 Agreement of January 3, 1972 between the parties. HOhS 073208