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NEO I SO <br />APPENDIX B - SPEClFIC TERMS This Appendix is attached to and made a part of that certain Niaster Agreement between the parties <br />#o this Appendix, which agreement was effective August 1, 2007 (the "Aareement"). Ail initial <br />capitalized terms found in this Appendix have the same meaning as set forth in the Agreement, <br />unless indicated otherwise in this Appendix. <br />. d <br />:? . <br />1. Products - NORTH AMERICAN provides valuable bulk road salt products (the "p-Toducts"). <br />NORTH AMERICAN is the worid's third largest salt producer and operates the world's <br />largest salt mine in Ontario, with additional mines or production facilities located in <br />Louisiana, Michigan, Ufah, Kansas, Tennessee, Saskatchewan and Nova Scotia: OTHER <br />THAN NORTH AMERICAN'S WARRANTY THAT THE PRODUCTS WILL MEET THE <br />SPECIFICAT(ONS SET FORTH BELOW, NORTH AMERICAN MAKES NO <br />REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, <br />STATUTORY OR OTHERWISE, INCLUDIIVG ANY IMPLIED WARRANTIES OF QUALITY; <br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND <br />NONINFRINGEMENT. NEOISO, Members, and Participants must notify NORTH <br />AMERICAN of any claim with respect to a defective Product (which defect is visible upon <br />reasonable inspection) within five (5) business days after the Product is delivered or such <br />claim is waived. In the event of an alleged'breach by NORTH AMERICAN of its limited <br />warranty hereunder, the sole remedy available fo NEOISO, the Member, and the <br />Participant shall be the replacement of such defective Product or a refund of the purchase <br />price paid to NORTH AMERICAN for such defective Product. Any refund of the 3% fee <br />paid to NEOISO pursuant to Appendix C to this Agreement shall be made by NEOISO. <br />NORTH AMERICAN's Products will: <br />? Meet the specification ASTM D632-01, Type I, Grade 1, and ODOT Specification <br />712.03; and <br />? Contain total chlorides (NaCI, CaCl12, and MgC12 based on dry weight) of not less <br />than 97%; and <br />• Be treated with an anti-caking agent in sufficient quantities to prevent caking; and <br />• Will be delivered in a dry loose and free flowing condition to Member's or Participant's <br />delivery locations as specified in the purchase orders; and <br />• WiIF be inspected by Members or Participants upon delivery and if wet, caked, or <br />containing foreign material shall be rejected at no cost to the Member or Participant <br />(Each delivery is subject to random testing for compliance. This testing shall be at the <br />discretion of the ordering Member or Participant.); and <br />? Will be delivered to Member's or Participant's specified locations in 22-25 ton "end <br />dump" trucks with a minimum order of 22 tons; and <br />?Y <br />2. Facilities - NORTH AMERICAN will provide the Produots to Members and Participants from <br />these three (3) locafions in northeast Ohio: <br />. <br />Osborne Concrete & Stone, 2100 Central Furnace Court;1;Cleveland, Ohio 44115 <br />e P&S Dock, 14376 N. Chesire Street, Burton, Ohio 44021 <br />? Geo. Gradel Co., 931 W. Water, Sandusky, Ohio 44870 <br />Northeast Oluo Sourcing Of&ce I 4829 Galaxy Pazkway Suice A p ? 216.839.1500 <br />www.neoso.org Cleveland, OH 44128 f ? 216.503.4247 `? <br />?ti