EXHIBIT 10.83
JOINT DECALRATION Between
XXXXXX MANUFACTURING CORPORATION And
EMHART CORPORATION
Regarding the
SOLVENTS RECOVERY SERVICE of NEW ENGLAND SITE
And the
OLD SOUTHINGTON LANDFILL SITE
Southington, Connecticut
This Joint Declaration sets forth an agreement between Xxxxxx
Manufacturing Corporation ("Xxxxxx") (formerly known as Xxxxxx Corporation) and
Emhart Corporation ("Emhart") relating to EPA's claims against "Xxxxxx Corp.
Parties/Emhart Corporation" at the Solvents Recovery Service of New England
("SRSNE") Superfund Site and the Old Southington Landfill Superfund Site
("OSL").
At the SRSNE Site, Xxxxxx and Xxxxxx agree to the following terms as
they relate to "Xxxxxx Corp. Parties/Emhart Corporation" listed on the July 7,
1993 EPA volumetric ranking. Xxxxxx agrees to accept responsibility for the
costs associated with EPA's claims against "Xxxxxx Corp." and "U.S.M. Corp.
(Seabrook, NH)." Xxxxxx agrees to accept responsibility for the costs associated
with EPA's claims against "U.S.M. Corp. (Amesbury, MA)." The U.S.M. Corp.
(Amesbury, MA) shipments will be aggregated under the entity designated as
"Black & Xxxxxx-Related Parties" on the July 7, 1993 EPA volumetric ranking.
At the OSL Site, Xxxxxx agrees to accept responsibility for costs
associated with EPA's claims against "Xxxxxx Corp. Parties/Emhart Corporation -
U.S.M. Corp. (Amesbury, MA)." The U.S.M. Corp. (Amesbury, MA) shipments will be
aggregated under the entity designated as "Black & Xxxxxx-Related Parties" on
the February 24, 1994 EPA volumetric ranking.
This Joint Declaration between Xxxxxx and Emhart is made without
admission of liability regarding the SRSNE and OSL Sites, and Xxxxxx and Xxxxxx
explicitly deny any liability with respect to the SRSNE and OSL Sites. Further,
this declaration is for purposes of EPA claims regarding the SRSNE and OSL Sites
only and is made without prejudice to Xxxxxx and Xxxxxx asserting different
positions regarding liability, cost sharing, or indemnification with respect to
claims by other persons or with respect to environmental liabilities at any
other sites.
On behalf of Xxxxxx
Manufacturing Corporation On behalf of Emhart Corporation
/s/ Xxxxxxx X. Xxxxxxx /s/ Xxxxx X. Xxxxxxxx
Name: Xxxxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxxx
Title: Executive Vice President Title: Vice President, Environ. Affairs
Date: 2/10/95 Date: 12/27/94
