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HWCPI0000590

SECTION VII - Precautions for Safe Handling and Use Steps to Be Taken In Case Material Is Released or Spilled Grinding, drilling, milling, etc. can result in the release of airborne dust.

ANSWER: Abex objects to this interrogatory or. the grounds that it is burdensome, vague, ambiguous and overly broad as to scope in that the word "tests" is not limited to dealing with asbestos dust which might be released from Abex's products.

j i (a) The date of each such warning, (b) Kow such warnings were giver; (c) If such warnings were oral, state the names and addresses of the person(s) giving and receiving such warnings; (d) If such warnings were written, state: (1) The date(s) of such warning(s); warning(s); (2) The present location of such (3) The names and addresses of individuals who prepared such warnmg(s); posted; (4) Where and/or how such warmng(s) were (5) The reasons for such warnmg(s).

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SHIPPING BUILDING SERVICE INDUSTRIAL SALES CO., INC

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establish or adopt one or more new or existing defined contri bution plans {collectively, the "Buyer Savinas Plan11) for the benefit of the Transferred U.S.

(ii) if a Government Authority has previously accepted measures with respect to a certain environmental matter, measures regarding such matter in excess of or in addition to such previously accepted measures, unless and to the extent a Government Authority subsequently deter mines that additional Remedial Action is required under Environmental Laws as in effect on the Closing Date; (iii) Environmental Laws or remediation standards more stringent than those existing under Environmental Laws as in effect on the Closing Date; (iv) the failure of Buyer or any of its Affil iates to abide by restrictions or covenants set forth in Schedule 8.5(b)(iv) or agreed to by the parties pursuant to Section 8.9(c)(v); (v) the failure of Buyer or any of its Affil iates to use reasonable efforts to mitigate liabilities and costs for which it seeks indemnification under this Article VIII; (vi) repair, replacement or upgrade of equip ment; or building, material, product or equipment decom missioning, decontamination or disposal; unless in any such case such action was required on or prior to the Closing Date by Environmental Laws as in effect on or prior to the Closing Date,- -162-

any action, or assisting others m taking any action, which would interfere with Seller's authority and control as set forth in this Section 8.9(a).

any Retained Asset or Retained Liability, including any Covered Liability based on negligence, gross negligence, strict lia bility, tort liability, product liability, contract liability or any other theory of liability, whether an Action is brought at law (whether common or statutory) or in equity; (ii) without regard to any limit in Section 11.2, from and against any and all Covered Liabilities incurred by or asserted against any of the Buyer Indemnified Parties to the extent arising out of or relating to any liability with respect to which Seller shall have agreed in writing to indemnify Buyer pursuant to Section 9.2; (iii) subject to the notification and timing requirements and the limitations provided in Section 11.2, from and against any and all Covered Liabilities incurred by or asserted against any of the Buyer Indemnified Parties to the extent arising out of or relating to any breach of any representation or warranty made by Seller under this Agreement or in any of the Other Seller Agreements; it being understood, however, that (A) (in addition to their being made on the date hereof) Seller shall be deemed to have made, as of the Closing Date, the represen tations and warranties of Seller contained in this Agreement with the same force and effect as though made herein on and as of the Closing Date (except for any representations and war ranties which expressly speak as of a specific date or time other than the Closing Date) and (B) the representations and warranties of Seller shall be qualified, for purposes of this Article XI, both as of the date hereof and as of the Closing -187-

any person associated with you or any related company or association; and for each such label, brochure or written material: (a) Describe its contents; distributed; (b) State when, where, how, and to whom it was (c) State whether any written, printed or graphic matter was present to warn of any harmful ingredient it might * contain.

asbestos-containing automotive friction products manufactured and sold by Abex. 48.

turnpan) \ame FSEEMO ABEXCORP ,VW Filing Date 12/31/IVVfi 3 4 Vacation During the Term, the Executive shall be entitled to a vacation period or periods of four (4) weeks taken m accordance with the vacation policy of the Company during each year of the Term Vacation time not used by the end of a year shall be forfeited, except that one week of vacation pay may be "banked" m accordance with Company policy 3 5 Fringe Benefits During the Term, the Executive shall be entitled to all benefits for which tne Executive shall be eligiole under any qualified pension plan, 401(k) plan, non-qualified benefit restoration plan, group insurance or other so-called "fringe" benefit plan whicn the Company provides to its executive employees generally Such benefits include the ngnt to the use of an automobile as is currently available to the Company's executive employees.