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ensure that petitioner's support systems and ancillary equipment
were of sufficient capacity to permit safe and efficient
utilization of the WTC Equipment. Petitioner agreed to provide
the necessary "systems and utilities at such capacities to the
[WTC] Equipment hook up at Norstam's cost". The Agreement
contains no other mention of utilities and no mention of gas or
steam.
Paragraph 10 of the Agreement is captioned "Fixed Payment".
Subparagraph (a) provided that WTC was to make a monthly payment
to petitioner "for the use of the area designated as Area B in
Exhibit A". Exhibit A of the Agreement was a diagram of the area
in which the WTC Equipment was to be installed. The Agreement
stated that WTC was to pay petitioner $1,368 per month for the
use of "Area B". There is no reference to utilities, gas, or
steam in paragraph 10.
The Agreement provided that the WTC Equipment was to include
one or two lathes, a roller dryer, and clippers and was to remain
the property of WTC. Steam necessary to operate the WTC
Equipment was piped over from petitioner's boiler. WTC paid the
costs to deliver and install the WTC Equipment, including
electrical, mechanical, and plumbing alterations to "Area B".
Petitioner was to crate the finished veneer and hold it for
shipment as directed by WTC. Petitioner agreed to do work for
WTC on each normal operating day and to produce as much veneer as
WTC required, which was to be a minimum of 1,200 board feet per
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Last modified: May 25, 2011