Agreement

1. Acknowledgment. Customer acknowledges that it is fully aware of the Toxin's characteristics and List's recommendation that any person who may potentially become exposed to same should be currently vaccinated with tetanus toxoid
2. Representation by Customer. Customer represents that:
   a. The Toxin is purchased solely for laboratory research and will not be used for any other or further purpose;
   b. The Toxin will be controlled and maintained in full compliance with biosafety level 2 or 3 standards, whichever is required based on customer's utilization. Such standards are described in "Biosafety in Microbiological and Biomedical Laboratories" HHS Publication No. (NIH) 88-8395, 2nd edition, May 1988 and as the same may be amended or superseded;
   c. Personnel who come into contact with the Toxin shall be fully trained and qualified in its handling and use;
3. Representation by List. List represents that:
   a. The Toxin to be sold by List to Customer meets the specification therefore published by List.
4. Indemnity. In consideration of the sale of Toxin to Customer, Customer hereby agrees to, and does, indemnify List from any loss, cost, expense, or liability arising out of, or as a result of, use by, Customer of Toxin. Additionally, if any claim for injury or death or contamination of real or personal property is made by any entity or third party, including employees of Customer, by reason of its or their exposure to Toxin supplied by List, Customer shall undertake, at its sole expense, the defense to such claim through competent counsel.