Document x1qa6DQnzY8bppjKRoBOLogJm

r) ELECTRICAL PRODUCTS FOR THE HEATING, LIGHTING, SIGN AND AUTOMOTIVE INDUSTRIES CABLE ALLANCO TORONTO N O U S W IDE D IS TR IB U TIO N Vd.lJ n /'/' '1 .3 yp"/ . j5.. MANUFACTURING COMPANY 33 CRANFIELD ROAD TORONTO 14, CANADA TELEPHONE: AREA CODE 414-7S5-1191 SPECIAL UNDERTAKING BY PURCHASERS OF POLYCHLORINATED BIPHENYLS The undersigned ALI.ANSON MANUFACTURING COMPANY ("Buyer11) desires to purchase certain polychlorinated biphenyl products ("PCB's") which are manufactured by Monsanto Company {"Monsanto") and are distributed in Canada by Monsanto Canada Limited ("Monsanto Canada"). While Buyer desires to purchase PCB's becau.se of certain desirable flame resistant and insulator properties. Buyer acknowledges 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 being established for PCB's in various food products. -i * e i Monsanto and Monsanto Canada have therefore adopted certain restrictive policies with respect to its further production, sale and delivery of PCB's, including the receipt of under takings from their customers as set forth below and Buyer is willing to agree to such undertakings with 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 out of or in connection with the receipt, purchase, possession, handling, use, sale or disposition of such PCB's ierold;.?or;,"delivered to Buyer ;ion .or..after,.the date hereof/*^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 jsoldsor delivered to Buyer : t>n ...or . after the date hereof v DSW 283379.44 WAREHOUSES ACROSS CANADA , STLCOPCB4064752 v, ) 2 ) All existing contracts for the sale of PCB's by Monsanto or by Monsanto Canada to Buyer are hereby amended to con tain the provisions set forth above. Nothing herein shall create or imply any duty or obliga tion of Monsanto or Monsanto Canada to sell or deliver any PCB's to Buyer. No conditions, understandings or agreements purporting to modify or vary the terms hereof shall be binding unless hereafter made in writing speci. fically referring to this agreement .and signed by the party to be bound and no modification or variance of the above undertaking shall be effected by the acknow- . ledgement or acceptance of any sale document, purchase order, shipping instruction or other forms containing terms or conditions at variance herewith. ALLANSON MANUFACTURING CO. (Buyer) MONSANTO COMPANY BY; MONSANTO CANADA LIMITED DATE: <-- / BY; DSW 283379.45 k STLCOPCB4064753