1-11596
|
58-1954497
|
|||
(State
or other
|
(Commission
File
|
(IRS
Employer
|
||
jurisdiction
of
|
Number)
|
Identification
No.)
|
||
incorporation)
|
||||
30350
|
||||
(Address
of principal executive offices)
|
(Zip
Code)
|
·
|
each
of the parties shall provide the other with certain indemnifications,
and
|
·
|
in
the event that on or before closing date of the definitive purchase
agreement a settlement agreement resolving the citizen’s suit portion of
the lawsuit styled Fisher,
et al., v. PFD
(the “Lawsuit”) as previously disclosed by the Company, has not been
entered into by the parties and approved by the court and/or a
consent
decree has not been entered into between PFD and the U.S. Department
of
Justice (“DOJ”) and the U.S. Environmental Protection Agency (“EPA”)
resolving the government’s allegations in the Lawsuit, then OGM would not
be obligated to close the purchase transaction unless the Company
and PFD
agree to indemnify OGM against any liabilities or damages incurred
by OGM
as a result of the failure of the Company and/or PFD to settle
the
citizen’s suit portion of the Lawsuit on terms substantially similar to
the terms of a proposed settlement agreement attached to the definitive
agreement or enter into a consent decree with the EPA and/or DOJ
on terms
substantially similar to the terms of a proposed consent decree
attached
as an exhibit to the definitive
agreement.
|
PERMA-FIX
ENVIRONMENTAL SERVICES, INC.
|
|||
Dated:
October 8, 2007
|
By:
|
/s/
Steven Baughman
|
|
Steven
Baughman
|
|||
Vice
President and
|
|||
Chief
Financial Officer
|