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Rocket Fuel in Lettuce: Lockheed Letter to Lucky Farms
May 7, 1998
John A. Tucker, Jr., Esq.Clark & Trevithick
800 Wilshire Blvd., 12th Floor
Los Angeles, CA 90017
Re: Lucky Farms, Inc.
Dear John:
As you know, we represent Lockheed Martin Corporation with regard to various matters in the general Redlands area. You had contacted us earlier, on behalf of Lucky Farms, Inc., with regard to certain issues related to the presence of perchlorates in the Redlands area. Lockheed Martin wishes to cooperate with Lucky Farms with regard to these issues and understands that Lucky Farms similarly wishes to cooperate with Lockheed Martin.
We understand that Lucky Farms is amenable to allowing representatives of Lockheed Martin to sample certain crop specimens from its fields. We also understand that representatives of Lucky Farms will make themselves available to meet with representatives of Lockheed Martin from time to time to provide information on specific crops grown, harvested dates and other information pertinent to obtaining crop samples. Finally, we understand that Lucky Farms will authorize representatives of Lockheed Martin to speak with analytic chemists at Weck Laboratories about previous work that Weck has performed for Lucky Farms.
Lockheed Martin and its representatives agree to obtain any crop specimen samples in a manner so as to not interfere with Lucky Farms' normal business operations. In addition, Lockheed Martin agrees to cause the consultant who will collect crop specimen samples to maintain comprehensive broad form general liability insurance against claims and liability for bodily injury and property damage arising from the sampling at the limits of coverage normally carried by said consultant but in no event less than $1 million; Lockheed Martin will cause Lucky Farms to be named as an addition insured on that policy. Finally, Lockheed Martin agrees to reimburse Lucky Farms for certain out-of-pocket expenses that Lucky Farms incurs and has incurred related to sampling of crop specimen samples. Lockheed Martin agrees to provide Lucky Farms with copies of the test reports made on all crop specimens taken from Lucky Farms' fields promptly after a test report is completed.
If the arrangement outlined above meets with your approval and the approval of Lucky Farms, please sign in the space provided and return one copy of this letter to me. The other copy is for your files.
We look forward to working with you on this matter.
Sincerely,
[signed]
Clifton J. McFarland
CJM/d
__________________________________
John A. Tucker, Jr.
