Document zdgRrVRde90B14NG7oy5pG6z3

v*~r.r, THIS AGREDflDff, aade and entered Into as of the first day of January, 1958, tor and between The Bagle-Picher Company, an Ohio Corpora* tlon, hereinafter referred to as "B^la-Plcher", and Owens-Coming Plberglas Corporation, hereinafter referred to as "Owens-Coming". WITNESSES: IT IS ACSOD AS FOLLOWS: (1) DBCRIFELON CP RtOOUCIS (a) "Fenco Mineral Wool Insulating Cement" Is defined as a themal -inni-<ng cement aanufaetured under United States Patent Bo. 2,237,745, packed In 50*pound nltiwall paper bags bearing said patent nuaber. (b) "Fenco All-Purpose Cement" is defined as a single coat, quick setting, insulating-finishing ceaent, packed In 50-pound bags. (2) RBVJIRBfEKrS Bagle-Picher will aanufacture for and sell to Owens-Corning and Ovens-Coming will buy from Bagle-Picher, Owens-Coming's requirements of those anterials listed under "(1) DESCRIPTION OF FRODUCTS" as (a), (b), such coonodities to be under Ovens Coming's trade aarks and labels. (3) RICE AND TBM5 Prices and terns are set forth In Bchibit A, hereto attached and aade a part hereof. Prices any be revised by Bagle-Picher from tine to tine on giving notice to Ovens-Coming. In the event such revised prices should be unacceptable or unsatisfactory. Ovens-Corning nay cancel this agreement * EXHIBIT 1 by giving lagla-Picher notice la vriting vithin thirty (30) days after receipt of notice of such revised pricee. (4) QOUIR ff nHtlm covered tor this agreement shell conform to ngle-Plcher's stenderd seles spedflcetions vhich apply to said coenodlties generally offered to the trade by Isgle-Picher. Zn the event such specifications are nodified or changed by Isgle-Picher, such nodificatians or changes shall forthwith be coanunicated to Ovens Corning* Any dale for defective material, lnperfect manufacture, shortage in count, or for any other cause, shall be presented to lagle-Picher by Ovens-Caming within thirty (30) days after Ovens-Corning* a receipt of such dale free its customers, and no dale shall be nade for consequential daaages. (3) SUBMITS Carload and l.e.l* shipments will be nade froa tine to tine as the vents of Ovens-Corning nay require, provided Ovens-Comlng gives to Biglc-Plcher reasonable notice of the anounts of such shipatents to enable lagle-Picher to sake and ship sane* (6) 001XHCBICIS Causes beyond the control of either party, such as strikes, fires, casualties at plants, or other difficulties vhich nake it inposBible to fulfill the requirements of this agreeaent, shall constitute an excuse for non-perfonance during the period of such disability. fitgle-Picher nsy add to the price stated herein aay taxes or other charges imposed by governmental authority upon the sales, ship ment, or use of said coonodlties. -2- * 1 from and against all elaims, dua^u, Judgments, expenses and lost aris ing tram the infringement or allaged infringement of any patent at tbe United Statea ty aqr of the goods delivered hereunder; tat Eagle-Picher does not warrant against infringement tor raaerm of the nae thereof la cort>lnation with other nateriala or In the operation of any process; and Eagle-Plchar shall defend or settle at its ova expense any suit or pro ceeding brought against Owens Corning for such infringement, provided that Eagle-Plchar is notified praptly in writing of the r oaf nr merit of sueh suit or proceeding and is given authority* information and assist ance by Ovensdoming for the defense or settlement thereof* (8) duration fhis agreement shall be operative for a period of one (1) year and shall continue thereafter* subject to termination by either party at may time after one (l) year subseqpent to the date of executing hereof on giving the other twelve (12) months' notice in writing. In the event of termination* Ovens-Coroing shall purchase from Kngle-Plcher at Eagle-Picher's cost such bags bearing Ovens^oming design which Eagle-Picher may have on hand at the effective date of such termination* (9) ASSI3XMCI SO BE FURBISHED BT EAGLB-PICHHt Eagle-Picher will furnish to Ovens^omlng (a) 8uch sales help and counsel as Eagle-Picher Sales and Engineering Departments may be equipped to afford* (b) Standard size samples, free of charge. In packages which will be paid for by Owens-Coming, F*0*B*, Joplin, Missouri* 3' % Shis afTMMBt shall not to assignable by either party unless tto written consent at tha other le first had. end obtained. (11) BEDtl AfiRBMBff Share is no understanding or acre aunt regarding this con- trmet other than shown herein. Bcecuted in duplicate as of the day and year above written. ARBSt THE MGLS-nCHBl OGMRUET ARE9SS cMHE-ocranc ftbs*gias ocrfcrahoh -4- owME-caump hbhcias corporatioit raoau. manoBUioBs* nqci Liar TBCQ MUBUL WOOL CMOS) It FflKX) AUr*RBPQ8I CMOS ) CBmot fegle-Richer T-l (Distributor) Price, Lcm 12^ of Published Price, Carload or LCL, Subject to the Following Conditions: % 1* Carload order* only will be acceptable la the States of Montana, Vyonlng, Colorado and lev Mexico, and. any states vest thereof. 2. Freight on carload ahipnenta will be alloved up to 8ty per cvt. after eqyialIcing freight fren Trenton, lev Jersey; Waukegan, Illinois; and Pittsburg, California, whichever la nearest to destination. 3* Freight on LCL ahipnenta will be allowed up to $1.25 per cvt., after euqalicing freight fnon Trenton, Sev Jersey, and Waukegan, Illinois, whichever la nearest destination. k, in all easea, the 12$ discount will apply on the published price of agle-PLcber 8uper "66", in the ease of ahipnenta at Fenco Mineral Wool Caaant, and on the published price of Sagle-Picher One-Cote Cenent, In the ease of ahipnenta of Fenco All-narpose Conent. When the destination of a shlpasat is such that excess freight (over and above the frelgit allowance applicable) la charged, no rrenilselnii will apply on the excess freight. THE EAGLE-PICHER COMPANY S - 7.3/-'>)/'< i l Insulation Division AMERICAN BUILDING. CINCINNATI 1. OHIO July 22, 1963 RECEIVED Hr. Tom Campbell (Vens-Corning flbtr|lu Corporation 717 Fifth Arana* law York 22, law York JU12 7 1363 Owens t;OnMNG fiberglas dorp. ice*'. 4 rAfiNr jpt ---------- ----------------- Subject! Bagle-Pioher Tradaaark *Tab-Lok* Daar Toat Plaaaa oonaidar this lattar as aathorisation for th* Owens-Coming Piberglas Corporation's usage of Ths Eagle-Picher Trademark Tab-Lok" whan properly identified as a Registered Tradaaark of The Eagle- Richer Company* The Trademark Registration labor for this naas is 657.941. Sincerely, the EAGLE-PICHER COMPANY General Salas Manager Industrial Insolation JFH/sa cot Mr. Stew Byrne, OCP, Row York DIVISIONS OF THE CACLE-PICHCR COMFANV CHEMICALS and METALS DIVISION. Cincumin. Ohio CHt(.A<;0 VITREOUS CORPORATION (arm. ARK MON MRtlDUClX R.vrr R.aigr, Mirtugiin INSLtjSTION DIVISION, Onnnnau. Ohmi THE OHIO RUBBER OOMRAM W.lhaifhin Ohs. OWI NS CORNING FlBERGLAS to Joe Stancati subject EAGLE-PICHER - OCF intra-company correspondence from Duane Callender date September 10, 1979 cc: In answer to interrogatories that were filed in asbestos case pending in Birmingham, Alabama involving a claimant by the name of Manuel R. Williams. Eagle-Picher gave historical breakdown of their agreements with OCF. There were two product lines that were rebranded under the OCF label. The first one is Super "66" Insulating Cement and was labeled under the following OCF labels: OC-660 Insulating Cement FC-40 Insulating Cement Fenco Mineral Wool Insulating Cement The interrogatories did not indicate the dates the agreement was effective concerning these rebrand items. The other article was One-Cote Cement and that was rebranded under OCF's label as OC-110, SC-30, and Fenco All Purpose Cement. These interrogatories do not disclose the agreement dates for OC-110 and SC-30 but do indicate that the beginning of 1958 was the year that Fenco All Purpose Cement was rebranded, and they are not aware of an ending date. In this particular document, made a part of the interrogatories, they note that One-Cote Cement did not contain asbestos prior to 1961. In another part of the interrogatory they were asked the approximate asbestos content of each asbestos-containing Insulation product manufactured by the company. The following information is given: Product Super "66" Insulating Cement - 1931 2k 1950 9X 1969 -- 3.5k 1971 - Ok For One-Cote Cement they give the following 1951 - 0% 1960 3X 1961 5k 1968 3k 1971 Ok They go on to say that while the company no longer manufactures asbestos-containing insulation products, that when they did chrysotile asbestos was used exclusively in the asbestos-containing OC*4l*l*Rl Joe Stancati September 10/1979 Page two insulation products except for a small quantity of amasite asbestos which was used in some of its cement in 1950. This information may be of some use in the future. / DCsfk The F o llo w in g was retyped from Eagx. - ic h o r 's Answers t o In te rro g a to rie s- in th e Sairniy Grey Case G roton, Conn. Fenco M in e ra l Wool In s u la tin g Cement XauV s!a50 $8 W0 44h> U "-COH 9>- IS-* 5 88 0 S2 l* c 8 88-* -s1 ba li o 1 n* s -p i 4>*~* C la Sj2 2P rs in Io 3 .5!ft.t 3 88 Io o .'8 -SB ft. > JS <OQ="-\.>HOf0t. w<0 C^OD V . -p SS 8 4) -O S 8 uO -S3 43 -P Tl 3*8 s . 3 OH n p C T> 4) 4) 3 *3 cVP *16 2 utw - 3 <0 tf 2 U 3 W 4) *Q O 4) O 3PO<-rH 8 &3 Vu 8. < (.H .38 33 8 fr 8 2 cO Pd- 11? S s-st S 5*t -p P O C s< on BQ n4) O<h S o d iH CO CD i u 03 I op S, o < jAs.1-,3. 5.. IPs<M o3g65 iis-t,t0**d ttH W Vi 3O H-0P Hf0t 8'S d8 S8 8 8tj O "OP "S 0 0 C 8^*82 P o t c 43-2^^ IC h0 S0 *'HI ,,* 0 t :8&<i 35 dd 22d 8 u Hill 11 8 o0 0 p *s? (0 CO 4r 000 S 4h q go o-go 2 h Q-H o-B-S pod 8,s C Cl P0 rOl 0 0 -P -P h 0O ill <M -H O O 00 0V4^n "ls| Hoys88s*80 d fHt. X0M 3S I1 4h -0a o Ef0-t. I t S o>zzo 0C wj<J5fOio 0 * 8 P 0 0O 0 if 3U 8T0) 8 H* 8 S* c 8 u iH *rH P o0 0 0O 0 &T 0p 38 h0 $ T3 0 < 8 s o0 o iH d 8 1