Document zbbp1yb1QrJ3DzykNm8wVp0

METALS REFINING COMPANY BROKERAGE AGREEMENT This agreement made at Cleveland, Ohio, this 2nd day of January, 1945, by and between The Glidden Company, an Ohio corporation of Cleveland, Ohio, doing business at the Metals Refining Company at Hammond, hereinafter called the "Company" and^the Lloyd B. Griffith Com; 102 poydras Street, New Orleans 12, Louisiana,'hereinafter c "Broker." The Company hereby grants authority to the Broker to solicit, Indiana, - $50 rs for and to, sell the Company's products hereinafter listed in such territory and to such accounts as the Company may determine from time to time and which accounts on date hereof are shown on list "A" of January 15, 1945, attached hereto, on a brokerage bads at the prices and upon the terms established and approved by the^ApJfiany, and subject to the con ditions hereinafter mentioned. Sai^jproducts, territory, accounts, prices and terms may he cnangoA^ft^he Company at any time by written notice to the Broker. The Broker agrees to p^yllcfte dd: iligently the sale of said products, and in full considera tion of all services rendered in connection therewith, shall receive each month on all orders for said products forwarded to the Company by the Broker or received from the Broker's accounts and accepted, sold, delivered and invoiced by the Company during the previous month, a brokerage fee in the amount indicated below on the Net Seles of said products. It is understood that for the purpose of determining said brokerage fee, tne term .''Net sales" shall mean the total monetary amount charged on all sales of said products actually concluded hereunder during the term of this agreement, less discounts given, invoice value of goods returned, amounts charged on invoices for drums and containers, and any other deductions or cnarges regularly made by the Company in determining its Net Sales. Product Cuprous Oxide Litharge Red Lead R.M. Battery Oxide Plumbarge 95-X Battery Oxide Carload Shipments x MW** $2.00 per ton $2.00 per ton $2.00 per ton Less Than Carload Shipments current l.c.l. price current l.c.l. price Brokerage fees in the amount of one-half of those set forth above will, be paid to the Broker by the Company In the event of sale and shipment as set forth herein of any of the above products on orders received from the Broker or direct from the Broker's accounts which Involve shipment into any other territory. It is understood that the Broker will not sell or solicit orders for any competitive products or substitutes therefor not produced by the Company except by cor^seQt SF tne Company; and the Company agrees that 1 GkW1 6. N2086 2 it will have no other agent, "broker, or representative solicit orders for said products from any of said accounts during the term hereof, ~ except for the account of the Broker. It is also agreed, that when shipment is made, the Company will furnish the Broker with a copy of every invoice covering each sale hereunder. * It is understood and agreed that all such orders for said products are subject to acceptance by the Company, which shall have the right to reject,any order at any time for any reason whatsoever; that the Broker is not an employee of this Company and is operating as an independent contractor in carrying on the business of a Broker; that this agreement covers the full understanding of, and supersedes all other agreements, expressed, or implied, between the parties hereto pertaining to the sale of said products; that Broker will upon request furnish the Company daily or other reports concerning the status of Company's business or pros pective business with Broker's accounts; that Broker will not make representation concerning the Company's products and services other than those which the Company authorizes; that sai'd brokerage fee will be paid up to and including, but not beyonddate of the termination of this agreement; that this contract be assigned or trans ferred by either party without tne the other, or by operation of law; that It shall not become ation of, and binding upon, the Company, unless approvedjfef-pyv^xecutive officer of the Company at Cleveland, Ohio; and that thrs'* agreement shall be for a period of one year from the date hereof and continuous thereafter, provided, however, that either party hereto may at any time after that date hereof, cancel and terminate it upon giving thirty (30) days' written notice thereof to the other. Broker agrees in the event of cancellation to return to the Company all price lists, catalogues, and otner written or printed data and instructions that were furnished by the Company, ITT WITNESS WHEREOF, the parties hereto have set their hands to dupli cates hereof on the date first above written. THE GLIDDEN COMPANY METALS REFINING COMPANY DIVISION Approved: THE GLIDDEN COIIRM, *GV By EkT. E. Sprague Vice President By (Signed) W. C. Roddy tgvV LLOYD^J^JBfFtFFFTETTHH iCOMPANY (S^ked) Lloyd B. Griffith Broker GLD010815