Common use of Perma Clause in Contracts

Perma. Fix has previously furnished Chem-Con, the Sullivans and the Xxxxxxxx Trusts true and complete copies of the following documents which have been filed by Perma-Fix with the SEC pursuant to Sections 13(a), 14(a), (b) or (c) or 15(d) of the Securities Exchange Act of 1934 (the "Exchange Act") (such documents are hereinafter collectively called the "Perma-Fix SEC Filings"): 7.4.1.1 its Annual Report on Form 10-K for the year ended December 31, 1998 (the "Form 10-K"); 7.4.1.2 Form 8-K, Date of Report (date of earliest event reported); April 8, 1999. 7.4.1.3 Quarterly Report on Form 10-Q for the quarter ended March 31, 1999 (the "Form 10-Q"). The audited and unaudited financial statements contained in the Perma-Fix SEC Filings, as amended, present fairly the consolidated financial condition and results of operations and changes in shareholders' equity and changes in financial position of Perma-Fix as of the dates and for the periods indicated, except as may otherwise be stated in such financial statements. For purposes of this Agreement, all financial statements of Perma-Fix shall be deemed to include any notes to such financial statements. The financial statements described in this Section 7.4 are hereinafter referred to as the "Perma-Fix Financial Statements."