This Agreement shall be deemed to have been made the First day of January, 1987 by and between BERNUTH,
LEMBCKE CO INC., a Delaware corporation (the "Agent") and VERKAUFSGESELLSCHAFT FUER
TEERERZEUGNISSE MBH, a German Company ("VfT").
W I T N E S S E T H
WHEREAS, for a number of years the Agent has been purchasing creosote oil such as is commonly used for
timber preservation from VfT for sale to customers in its own name, but for the account of VfT in North and
Central America; and
WHEREAS, the Agent wishes to sell creosote oil as VfT's Agent in certain localities of the United States of
America, but under different terms and conditions from those that existed in the past; and
WHEREAS, VfT wishes to continue selling its creosote oil in the Territory, using the Agent's services in
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties
hereto agree as follows:
As used in this Agreement, the following terms shall have the meanings assigned to them herein:
1.01 "In writing" shall include cablegrams, telegrams or telex.
1.02 "Oil" shall mean Creosote Oil such as is commonly
used for timber preservation.
1.03 "Gallon" shall mean U.S. gallon at 100Deg. Fahrenheit.
1.04 "Tonne" shall mean a metric tonne of 1,000 kg.
1.05 "Europe" shall mean countries supplying oil for
shipment from installations situated at ports
in Great Britain (including Eire) or on the
continent of Europe and "European" shall have
the corresponding meaning.
1.06 "Tank Vessel" shall include any parcel tank or motor or
other mechanically propelled tank vessel or
cargo vessel capable of carrying oil in bulk.