Acceptance of Terms and Conditions for Order and Receipt of Byproduct Materials (Radioisotopes)

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r ACCEPTANCE OF TERMS AND CONDITIONS FOR ORDER AND RECEIPT OF BYPRODUCT MATERIALS(RADIOISOTOPES) The follming provisions a d terms ard corditions are hereby agreed to and accepted by (hereinafter called the ‘~pp~icant‘)as aprt of every app~ications uittd to tte United States tim to purchase or acquire byproduct materials (radioisotopes): Byproduct meterials purchsed or acquired f r a n the Cbk Ridge National Laboratory, oak Ridge, Tennessee, are shipped f.0.b. the Laboratory, at prices and service fees fixed by the M s - sion. a d title shall pass to the applicant when the materials are delivered to the carrier. When shiprent of the mterials requires the use of returnable Govermnt-owned containers, title to such containers shall remin in the Govermnt a d a deposit to insure return of the containers will be mde, if required. The applicant will keep the containers in good condition, will not use them for any mterials other than the byproduct materials shipped therein, a d will return them to point of shiprent, transportation prepaid, within 21 dam of date of shiprent. Neither the Govermnt, the Carmission, the C b k Ridge National Lslmratory, nor the *rating htractor of the Laboratory will be res-ible for any injury to persons or other living tnings or for h g e to property caused by hardling, shiprent, use (inclding use based on any stateroent of quality or quantity), storage, transfer, disposal, or reshiprent of,or other act or failure to act in connection with, byproduct mterials procured upon the Carmission’s approval fran the Oak Ridge National Laboratory or from persons (as defined in t k Atunic Energy Act of 1946) authorized by the Gmtniss‘ian to transfer byproduct materials. It is expressly agreed that the applicant a s s m s conplete respcnsibility and liability for any such injury or darmge occurring; provided, k v e r . that if such injury or darmge is caused solely by the negligent packing of the Oak Ridge Phtional Laboratory, this assurption of liability shall not apply. Neither the Goverrment, the Cunnission, the Oak Ridge National Laboratory, nor the *rating Gntractor of th Laboratory, d e s any warranty or other representation that any byproduct mterials (1) will not result in injury or b e e when used for the purposes requested ard approved by the Gmnissinn, (2) will acccmolish the results for which the mterials are requested a d approved, (3) are safe for any othx use, or ( 4 ) are of a particular quality applicant agrees to report prcnptly whether the a m m t received represents the Rnrxlnt paid for, in order that discrepancies m y be adjusted. When procuring byprcduct mterials from the Oak Ridge Natirnal Labratory the Neither the Govermnt, the Carmission, the Oak Ridge National Laboratory. nor the Oprating htractor of the Laboratory will be respcnsible, irreskctive of cause, for the failure of the Laboratory or the applicant’s transferor to (a) deliver mterials at specified tims or (b) deliver mterials with specified quality. The a&licant will use byproduct materials only for the purposes authorized by the Carmission and will not deliver to snother person (as defined in the Atomic Energy Act of lM),or dispose of, all or any part of any byproduct materials purchased or acquired fran the

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(-1- Zdge National Laboratory, or fran any source on the authorization or anproval of the carmission, mless written permission for such delivery or dispcsal is obtained from the Isotopes Division of the U. 5. Atunic Energy Comnission, Oek Ridge, Tennessee; provided, houlever, that this restriction shall not prohibit tin= disposal of waste or discard byproduct mterials when such dispxaJ is d e in a m e r wfiich will insure belw tolerance irradiation of hunans or non-experioental animfs ard will result in a m i n i m vssiole contamination of faciTities, equiprent, a d frequented or amessible regions, areas, or places. 6 . The right to revoke, with or witbut cause, arrgngoents for or agreements concerning tne order ard receipt of byproduct mterials eneiered into by the Oak Ridge National Laboratory is reserved to tlle Gmnission. 7 . When transferring or de!ivering any bynraluct materials, whether interstate or intrsstate, the applicant will cannly with all ~ ~ Ii c nLl esafety nrecautions, wckir-tg,mrking:.d shipping instructions or regulations of am kverrmntal agency, including applicable r e m - laticns of the Interstate Camerce canission a d the Civil Aeravlutics Ebard. 8 . Title to and -session of all byqrduzt mteri31s curchased or amuirecl from the @k didge National Leboratory, or from any source on the authorization or approval of ttY2 Comnissim, retmin subject to the C0mnissi~’sstatutory right to recall. The Grrmission m y recall such materials if the applicant (1) fails to observe such safety stardards as are or m y be established by the Gnnnission, ( 2 ) uses the materiels in violation of law or regualtions of the Gnmission, or ( 3 ) uses the rnateriaIs in A m m e r other than as disclosed in his a~plication Gnmission with the exercise of this right, and the Cunnissica m y enter a d take mssessirn of said mterials any time after notice is given t h t tie mterials 3re being recalled; provided,. that if reouested, the applicant, at his exoense, will d e shi-nt of the recalled mterials to a destination desigmted by the Cannission. Title to any byptajuct mterials recalled by the Cannission shall vest in the 9 . The apolicant shall pennit the Cunnission to m k e such inspecticns of his fqcilities wherein byptodmt naterials are stored or used as the comnission m y deem necessary, d shall make available to the Carmission the records required to be kept by the provisions hereof. 10. The applicant will keep accurate a d cooplete records showing t k receipt, use, storage, delivery and disposal of bymcduct mterials, the dispsal of waste or discard byproduct materials, ard the safety measures u r d to protect health. The applicant will report to the Gnmission every delivery or transfer made to any persrn (as defined in the Atomic Energy Act of lW),giving the name of the transferee, tyne a d mmt of byvrmlluct mterial, a d date of delivery or transfer. 11. Tk aoplicant will phlish the results of investigations using byorduct rmterials. a d will furnish t o the Isotopes Division of the &miission six copies of each article phlished. 12. lhse Drovisions, unless sooMr terminated by the carmission, shall gwern the possession ard use of all byproduct mterials throughout the period of measurable activity of such wterials; provided: hcruever, thst nothing herein shall be deerred to authorize the applicant to purchase 3r acquire any byproduct materials mless the Gxrmissicn approves a specific 13. All purchase orders for byproduct mterials will be subject to the t e m s and corditions hereof a d any contrary caditions of sale ccntainerl in such purchase orders will not anply.

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14. Bywaluct Iraterial as used herein r n a ~any radioactive material (except fissionable wterial) yielded in or mede radioactive by'exposure to the radiation incident to the processes of praj,ing or utilizing fissionable mterial ard inclcdes car pods made or resulting frun the further processing of any byproduct material. 15. Operating Contractor as used krein mans the Carbide and Carbon ChrnicaIs Corporation, or such other contractor as may at any t k be operating the ozk Ridge Nations1 Laboratory wder a contract with the Cunnissim. Agreed to ard Accepted this day .of , 1948. Imress of seal By: (Signeture of person autbrizd to sign cmtracts for the Applicant)