SPECIFIC TERMS IN THIS AGREEMENT HAVE BEEN REDACTED BECAUSE 
CONFIDENTIAL TREATMENT FOR THOSE
TERMS HAS BEEN REQUESTED. THE 
REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES 
AND
EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE 
APPROPRIATE PLACE WITH THREE ASTERISKS
(***).
 AMENDMENT NO. 1 TO
AMENDED AND RESTATED SUPPLY AGREEMENT
 Agreement SUPERIOR WELL SERVICES, INC PREFERRED ROCKS USS, INC
     Purchase and Sale; Payments by Buyer
 Purchase and Sale of Sand Exhibit C Product
 OTTAWA WHITE 20/40
 OTTAWA WHITE 30/50
 OTTAWA WHITE 30/70
 OTTAWA WHITE 40/70
 USM100 FRAC
 SHALE FRAC USM65




---



##### 



SPECIFIC TERMS IN THIS AGREEMENT HAVE BEEN REDACTED BECAUSE 
CONFIDENTIAL TREATMENT FOR THOSE
TERMS HAS BEEN REQUESTED. THE 
REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES 
AND
EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE 
APPROPRIATE PLACE WITH THREE ASTERISKS
(***).
 SHALE FRAC COL20/40
 SHALE FRAC COL16/30
 SHALE FRAC COL12/20
 SHALE FRAC L55
 SHALE FRAC NS20
  USM100 FRAC
 Pricing Purchase Price
 
  Dryer Fuel Cost Surcharge
 2




---



##### 



SPECIFIC TERMS IN THIS AGREEMENT HAVE BEEN REDACTED BECAUSE 
CONFIDENTIAL TREATMENT FOR THOSE
TERMS HAS BEEN REQUESTED. THE 
REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES 
AND
EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE 
APPROPRIATE PLACE WITH THREE ASTERISKS
(***).
 Market Conditions Surcharge
 Inflation Adjustment not
   3




---



##### 



SPECIFIC TERMS IN THIS AGREEMENT HAVE BEEN REDACTED BECAUSE 
CONFIDENTIAL TREATMENT FOR THOSE
TERMS HAS BEEN REQUESTED. THE 
REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES 
AND
EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE 
APPROPRIATE PLACE WITH THREE ASTERISKS
(***).
  4




---



##### 



SPECIFIC TERMS IN THIS AGREEMENT HAVE BEEN REDACTED BECAUSE 
CONFIDENTIAL TREATMENT
FOR THOSE TERMS HAS BEEN REQUESTED. THE 
REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH
THE SECURITIES 
AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE 
APPROPRIATE
PLACE WITH THREE ASTERISKS (***).
 Producer Price Index Industry Data
 
 Month
 Year
    
    
    Jan
    
    
    Feb
    
    
    Mar
    
    
    Apr
    
    
    May
    
    
    Jun
    
    
    Jul
    
    
    Aug
    
    
    Sep
    
    
    Oct
    
    
    Nov
    
    
    Dec
    
    
    Annual1999
    
    
    
    133.0
    
    
    
    
    133.5
    
    
    
    
    133.6
    
    
    
    
    133.8
    
    
    
    
    133.8
    
    
    
    
    134.2
    
    
    
    
    134.2
    
    
    
    
    134.2
    
    
    
    
    134.3
    
    
    
    
    134.4
    
    
    
    
    134.4
    
    
    
    
    134.4
    
    
    
    
    134.02000
    
    
    
    135.0
    
    
    
    
    135.3
    
    
    
    
    135.7
    
    
    
    
    136.7
    
    
    
    
    137.2
    
    
    
    
    137.2
    
    
    
    
    137.6
    
    
    
    
    137.8
    
    
    
    
    138.0
    
    
    
    
    138.0
    
    
    
    
    138.0
    
    
    
    
    138.1
    
    
    
    
    137.02001
    
    
    
    139.1
    
    
    
    
    139.9
    
    
    
    
    140.4
    
    
    
    
    140.8
    
    
    
    
    140.8
    
    
    
    
    141.3
    
    
    
    
    141.5
    
    
    
    
    141.4
    
    
    
    
    141.5
    
    
    
    
    141.8
    
    
    
    
    141.6
    
    
    
    
    141.5
    
    
    
    
    141.02002
    
    
    
    142.5
    
    
    
    
    143.4
    
    
    
    
    143.5
    
    
    
    
    143.4
    
    
    
    
    143.6
    
    
    
    
    143.7
    
    
    
    
    143.7
    
    
    
    
    143.5
    
    
    
    
    143.5
    
    
    
    
    143.7
    
    
    
    
    143.8
    
    
    
    
    144.2
    
    
    
    
    143.52003
    
    
    
    144.9
    
    
    
    
    145.4
    
    
    
    
    145.9
    
    
    
    
    146.3
    
    
    
    
    146.4
    
    
    
    
    146.6
    
    
    
    
    146.7
    
    
    
    
    146.8
    
    
    
    
    146.8
    
    
    
    
    147.1
    
    
    
    
    147.2
    
    
    
    
    147.0
    
    
    
    
    146.42004
    
    
    
    148.7
    
    
    
    
    149.0
    
    
    
    
    149.3
    
    
    
    
    150.3
    
    
    
    
    150.7
    
    
    
    
    151.1
    
    
    
    
    151.7
    
    
    
    
    151.9
    
    
    
    
    152.3
    
    
    
    
    152.5
    
    
    
    
    153.0
    
    
    
    
    153.9
    
    
    
    
    151.22005
    
    
    
    157.2
    
    
    
    
    158.0
    
    
    
    
    158.9
    
    
    
    
    159.9
    
    
    
    
    160.8
    
    
    
    
    161.5
    
    
    
    
    162.7
    
    
    
    
    162.6
    
    
    
    
    163.2
    
    
    
    
    163.3
    
    
    
    
    164.4
    
    
    
    
    163.7
    
    
    
    
    161.32006
    
    
    
    170.5
    
    
    
    
    170.5
    
    
    
    
    173.5
    
    
    
    
    176.8
    
    
    
    
    176.0
    
    
    
    
    174.8
    
    
    
    
    177.7
    
    
    
    
    177.8
    
    
    
    
    177.5
    
    
    
    
    179.4
    
    
    
    
    178.2
    
    
    
    
    178.9
    
    
    
    
    176.02007
    
    
    
    184.8
    
    
    
    
    186.3
    
    
    
    
    188.1
    
    
    
    
    189.4
    
    
    
    
    190.0
    
    
    
    
    189.6
    
    
    
    
    193.0
    
    
    
    
    193.4
    
    
    
    
    193.4
    
    
    
    
    193.4
    
    
    
    
    195.0
    
    
    
    
    197.3
    
    
    
    
    191.12008
    
    
    
    202.6
    
    
    
    
    205.6
    
    
    
    
    206.3
    
    
    
    
    210.1
    
    
    
    
    211.6
    
    
    
    
    214.4
    
    
    
    
    218.7
    
    
    
    
    225.4
    
    
    
    
    226.7
    
    
    
    
    227.7
    
    
    
    
    229.3
    
    
    
    
    232.7
    
    
    
    
    217.62009
    
    
    
    232.6
    
    
    
    
    236.4
    (P)
    
    
    
    235.6
    (P)
    
    
    
    235.4
    (P)
    
    
    
    234.1
    (P)
 
 P:
    
    Preliminary. All indexes are subject to revision four months after original publication 
 Minimum Tonnage




---



##### 



SPECIFIC TERMS IN THIS AGREEMENT HAVE BEEN REDACTED BECAUSE 
CONFIDENTIAL TREATMENT FOR THOSE
TERMS HAS BEEN REQUESTED. THE 
REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES 
AND
EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE 
APPROPRIATE PLACE WITH THREE ASTERISKS
(***).
    
     Buyer Deferral of Tonnage
 6




---



##### 



SPECIFIC TERMS IN THIS AGREEMENT HAVE BEEN REDACTED BECAUSE 
CONFIDENTIAL TREATMENT FOR THOSE
TERMS HAS BEEN REQUESTED. THE 
REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES 
AND
EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE 
APPROPRIATE PLACE WITH THREE ASTERISKS
(***).
 Requests for Deferral of Amounts
 Maximum Amount Maximum Amount
 Catch-Up provided
 Application of Additional Amounts Additional Amounts
 Further General Provisions Regarding Purchase and Sale
  7




---



##### 



SPECIFIC TERMS IN THIS AGREEMENT HAVE BEEN REDACTED BECAUSE 
CONFIDENTIAL TREATMENT FOR THOSE
TERMS HAS BEEN REQUESTED. THE 
REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES 
AND
EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE 
APPROPRIATE PLACE WITH THREE ASTERISKS
(***).
    Cash Payment
 Fuel Surcharge
 Renewal Option Limited Purpose Extension
 Notices
  8




---



##### 



SPECIFIC TERMS IN THIS AGREEMENT HAVE BEEN REDACTED BECAUSE 
CONFIDENTIAL TREATMENT FOR THOSE
TERMS HAS BEEN REQUESTED. THE 
REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES 
AND
EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE 
APPROPRIATE PLACE WITH THREE ASTERISKS
(***).
  PREFERRED ROCKS USS, INC.By:
    
    /s/ John A. Ulizio

John A. Ulizio, President & C.E.O.Date signed: January 14, 2010SUPERIOR WELL SERVICES, INC.By:
    
    /s/ David E. Wallace

David E. Wallace, President & C.E.O.Date signed: January 14, 2010




---



##### 



EXHIBIT A
 MONTHLY USAGE ESTIMATE
BY SUPERIOR WELL SERVICES




---



##### 



USS Plant
    
    Product
    
    January
    
    February
    
    March
    
    April
    
    May
    
    June
    
    July
    
    August
    
    Sept
    
    Oct
    
    Nov
    
    Dec
    
    TotalOttawa
    
    20/40 East
    
    
    2,500
    
    
    
    2,500
    
    
    
    2,500
    
    
    
    3,500
    
    
    
    3,500
    
    
    
    3,500
    
    
    
    4,500
    
    
    
    5,500
    
    
    
    6,500
    
    
    
    4,500
    
    
    
    2,500
    
    
    
    1,500
    
    
    
    42,00020/40 West
    
    
    11,650
    
    
    
    11,650
    
    
    
    11,650
    
    
    
    11,650
    
    
    
    11,650
    
    
    
    11,650
    
    
    
    11,650
    
    
    
    11,650
    
    
    
    11,650
    
    
    
    11,650
    
    
    
    11,650
    
    
    
    11,650
    
    
    
    139,800Total 20/40
    
    
    14,150
    
    
    
    14,150
    
    
    
    14,150
    
    
    
    15,150
    
    
    
    15,150
    
    
    
    15,150
    
    
    
    16,150
    
    
    
    17,150
    
    
    
    17,150
    
    
    
    16,150
    
    
    
    14,150
    
    
    
    13,150
    
    
    
    
    
    
    
    181,80030/50 East
    
    
    1,000
    
    
    
    1,000
    
    
    
    1,000
    
    
    
    1,000
    
    
    
    1,000
    
    
    
    1,000
    
    
    
    1,000
    
    
    
    1,500
    
    
    
    1,500
    
    
    
    1,000
    
    
    
    1,000
    
    
    
    1,000
    
    
    
    13,00040/70 East
    
    
    8,000
    
    
    
    8,000
    
    
    
    8,000
    
    
    
    8,000
    
    
    
    8,000
    
    
    
    8,000
    
    
    
    8,000
    
    
    
    8,000
    
    
    
    8,000
    
    
    
    8,000
    
    
    
    8,000
    
    
    
    8,000
    
    
    
    96,000Columbia
    
    12/20
    
    
    450
    
    
    
    450
    
    
    
    500
    
    
    
    500
    
    
    
    500
    
    
    
    500
    
    
    
    500
    
    
    
    500
    
    
    
    500
    
    
    
    400
    
    
    
    250
    
    
    
    250
    
    
    
    5,300Dubberly
    
    L55
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    Pacific
    
    40/70
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    Pac/Olt
    
    100 mesh
    
    
    3,000
    
    
    
    3,000
    
    
    
    3,000
    
    
    
    3,000
    
    
    
    3,000
    
    
    
    3,000
    
    
    
    3,000
    
    
    
    3,000
    
    
    
    3,000
    
    
    
    3,500
    
    
    
    3,500
    
    
    
    3,500
    
    
    
    37,500Pac/Olt
    
    100 mesh
    
    
    2,200
    
    
    
    2,200
    
    
    
    2,200
    
    
    
    2,200
    
    
    
    2,200
    
    
    
    2,200
    
    
    
    2,200
    
    
    
    2,200
    
    
    
    2,200
    
    
    
    2,200
    
    
    
    2,200
    
    
    
    2,200
    
    
    
    26,400
    
    
    
    63,900Total
    
    
    
    
    42,950
    
    
    
    42,950
    
    
    
    43,000
    
    
    
    45,000
    
    
    
    45,000
    
    
    
    45,000
    
    
    
    47,000
    
    
    
    49,500
    
    
    
    49,500
    
    
    
    47,400
    
    
    
    43,250
    
    
    
    41,250
    
    
    
    360,000




---



##### 



EXHIBIT B
 SPECIFICATIONS
FOR FRAC SAND




---



##### 



Ind % Retained
    
    Ind % RetainedUS Mesh
    
    Min
    
    Max16
    
    
    
    0
    %
    
    
    0.1
    %20
    
    
    
    0
    %
    
    
    10
    %30US STD Sieve #
    
    
    35
    
    
    Cumulative % Retained 90
    
    Cumulative % Retained 1004050
    
    
    
    0
    %
    
    
    10
    %Pan
    
    
    0
    %
    
    
    1
    %




---



##### 



Ind % Retained
    
    Ind % RetainedUS Mesh
    
    Min
    
    Max20
    
    
    
    0
    %
    
    
    0.1
    %30
    
    
    
    0
    %
    
    
    10
    %40US STD
Sieve #
    
    
    45
    
    
    Cumulative % Retained 90
    
    Cumulative % Retained 1005070
    
    
    
    0
    %
    
    
    10
    %Pan
    
    
    0
    %
    
    
    1
    %




---



##### 



Does NOT Meet API RP 56-1995
 Ind % Retained
    
    Ind % RetainedUS Mesh
    
    Min
    
    Max20
    
    
    
    0
    %
    
    
    0.1
    %30
    
    
    
    0
    %
    
    
    5
    %40US STD Sieve #
    
    
    50
    
    
    Cumulative % Retained 90
    
    Cumulative % Retained 10070100
    
    
    
    0
    %
    
    
    10
    %Pan
    
    
    0
    %
    
    
    1
    %




---



##### 



Ind % Retained
    
    Ind % RetainedUS Mesh
    
    Min
    
    Max30
    
    
    
    0
    %
    
    
    0.1
    %40
    
    
    
    0
    %
    
    
    10
    %50US STD Sieve #
    
    
    60
    
    
    Cumulative % Retained 90
    
    Cumulative % Retained 10070100
    
    
    
    0
    %
    
    
    10
    %Pan
    
    
    0
    %
    
    
    1
    %




---



##### 



Does NOT Meet API RP 56-1995
 Ind % Retained
    
    Ind % RetainedUS Mesh
    
    Min
    
    Max50
    
    
    
    0
    %
    
    
    10.0
    %70
    
    
    
    5
    %
    
    
    25
    %100US STD Sieve #
    
    
    120
    
    
    Cumulative % Retained 60
    
    Cumulative % Retained 85140200
    
    
    
    0
    %
    
    
    20
    %Pan
    
    
    0
    %
    
    
    5
    %




---



##### 



Does NOT Meet API RP 56-1995
 Ind % Retained
    
    Ind % RetainedUS Mesh
    
    Min
    
    Max50
    
    
    
    7
    %
    
    
    35.0
    %70
    
    
    
    20
    %
    
    
    45
    %100US STD Sieve #
    
    
    120
    
    
    Cumulative % Retained 25
    
    Cumulative % Retained 65140200
    
    
    
    0
    %
    
    
    5
    %Pan
    
    
    0
    %
    
    
    0.5
    %




---



##### 



Does NOT Meet API RP 56-1995
 Ind % Retained
    
    Ind % RetainedUS Mesh
    
    Min
    
    Max16
    
    
    
    0
    %
    
    
    1.0
    %20
    
    
    
    0
    %
    
    
    10
    %30US STD Sieve #
    
    
    35
    
    
    Cumulative % Retained 88
    
    Cumulative % Retained 1004050
    
    
    
    0
    %
    
    
    10
    %Pan
    
    
    0
    %
    
    
    1.5
    %




---



##### 



Does NOT Meet API RP 56-1995
 Ind % Retained
    
    ind % RetainedUS Mesh
    
    Min
    
    Max12
    
    
    
    0
    %
    
    
    0.1
    %16
    
    
    
    0
    %
    
    
    10
    %20US STD Sieve #
    
    
    25
    
    
    Cumulative % Retained 85
    
    Cumulative % Retained 1003040
    
    
    
    0
    %
    
    
    12
    %Pan
    
    
    0
    %
    
    
    1.2
    %




---



##### 



Does NOT Meet API RP 56-1995
 Ind % Retained
    
    Ind % RetainedUS Mesh
    
    Min
    
    Max8
    
    
    
    0
    %
    
    
    1.0
    %12
    
    
    
    0
    %
    
    
    10
    %16US STD Sieve #
    
    
    18
    
    
    Cumulative % Retained 90
    
    Cumulative % Retained 1002030
    
    
    
    0
    %
    
    
    10
    %Pan
    
    
    0
    %
    
    
    1
    %




---



##### 



Does NOT Meet API RP 56-1995
 Ind % Retained
    
    Ind % RetainedUS Mesh
    
    Min
    
    Max30
    
    
    
    0
    %
    
    
    0.5
    %50
    
    
    
    12
    %
    
    
    32
    %70US STD Sieve #
    
    
    100
    
    
    Cumulative % Retained 60
    
    Cumulative %  Retained 90140200
    
    
    
    0
    %
    
    
    10
    %-200
    
    
    
    0
    %
    
    
    0.5
    %




---



##### 



Does NOT Meet API RP 56-1995
 Ind % Retained
    
    Ind % RetainedUS Mesh
    
    Min
    
    Max20
    
    
    
    0
    %
    
    
    3
    %30
    
    
    
    0
    %
    
    
    10
    %40US STD Sieve #
    
    
    50
    
    
    Cumulative % Retained 55
    
    Cumulative % Retained 8570100
    
    
    
    9
    %
    
    
    36
    %-100
    
    
    
    0
    %
    
    
    5.0
    %




---



##### 



Ind % Retained
    
    Ind % RetainedUS Mesh
    
    Min
    
    Max16
    
    
    
    0
    %
    
    
    0.1
    %20
    
    
    
    0
    %
    
    
    10
    %30US STD Sieve #
    
    
    35
    
    
    Cumulative % Retained 90
    
    Cumulative % Retained 1004050
    
    
    
    0
    %
    
    
    10
    %Pan
    
    
    0
    %
    
    
    1
    %




---



##### 



EXHIBIT C
 TERMS AND CONDITIONS
 1. Sand Warranty; Sellers Disclaimer of Warranties, Representations and Covenants.
 (a) WITH RESPECT TO THE SAND AND THIS AGREEMENT, SELLERS WARRANTIES, REPRESENTATIONS, AND
COVENANTS AS EXPRESSLY SET OUT HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER WARRANTIES,
REPRESENTATIONS, AND COVENANTS, EXPRESS OR IMPLIED, STATUTORY, UNDER COMMON LAW OR OTHERWISE, AND
SELLER DISCLAIMS ANY AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND COVENANTS, EXPRESS OR
IMPLIED, STATUTORY, UNDER COMMON LAW OR OTHERWISE.
 (b) SELLER WARRANTS THAT THE SAND WILL COMPLY WITH THE SPECIFICATIONS IN ALL MATERIAL
RESPECTS AT THE TIME OF DELIVERY TO BUYER.
 (c) CONSISTENT
WITH SUBSECTION 1(a) ABOVE, EXCEPT TO THE EXTENT (x) EXPRESSLY SET FORTH
IN SUBSECTION 1(b) ABOVE OR (y) EXPRESSLY SET FORTH IN THE AGREEMENT, THE SAND WILL BE SOLD,
PURCHASED, AND ACCEPTED AS IS, WHERE IS, WITH ALL FAULTS, AND WITHOUT ANY WARRANTY,
REPRESENTATION, OR COVENANT, EXPRESS OR IMPLIED, STATUTORY, COMMON LAW OR OTHERWISE AND, WITHOUT
LIMITING THE FOREGOING, THE SAND IS BEING SOLD, PURCHASED, AND ACCEPTED WITHOUT ANY WARRANTIES
REPRESENTATIONS, OR COVENANTS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, THAT MAY EXIST UNDER
APPLICABLE LAW NOW OR HEREAFTER IN EFFECT, RELATING TO:
 (i) MERCHANTABILITY;
 (ii) THE (A) CONDITION, QUANTITY OR QUALITY (EXCEPT IN EACH CASE TO THE EXTENT EXPRESSLY
SET FORTH IN THE AGREEMENT) OR (B) FITNESS FOR A PARTICULAR PURPOSE (INCLUDING FOR OIL AND GAS
STIMULATION OPERATIONS) OR FOR ANY USE OR PURPOSE; OR
 (iii) CONFORMITY TO MODELS OR SAMPLES OF MATERIAL.
 2. Buyers Assumption of Risk of Use, and Buyers Covenants Regarding Use of Sand.
  Exhibit C, BUYER ASSUMES ALL RISKS THAT THE SAND MAY NOT FUNCTION AS
BUYER DESIRES WITH REGARD TO ITS USE OF OR INTENDED USE OF THE SAND FOR THE PURPOSE FOR WHICH IT
IS BUYING THE SAND.




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(c)     (i) THE SAND, AS DELIVERED OR AS APPLIED, MAY
CONTAIN RESPIRABLE SILICA. SEE THE MANUFACTURERS MATERIAL SAFETY DATA SHEET, DO NOT BREATHE THE
DUST FROM THE SAND, AND USE THE SAND SOLELY FOR THE LIMITED PURPOSE FOR WHICH IT IS BEING SOLD
HEREUNDER.
 (ii) THE INHALATION OF SILICA DUST CONTAINED IN THE SAND, OR CREATED BY THE USE OF THE SAND,
MAY CAUSE SEVERE IRREVERSIBLE LUNG DAMAGE AND PREMATURE DEATH, AND SOME MEDICAL REPORTS INDICATE
SUCH INHALATION MAY CAUSE LUNG CANCER, DEBILITATING ARTHRITIS, AND SKIN AND EYE IRRITATION AMONG
OTHER THINGS.
 (iii) PRODUCTS CONTAINING SILICA DUST SHOULD NOT BE USED WITHOUT THE ACCOMPANYING USE OF
NIOSH/MSHA APPROVED RESPIRATORY PROTECTIVE EQUIPMENT.
   (1)
    
    remains well informed and familiar on an
on-going current basis of all risks and issues associated with silica
and with the use of Sand, including risks and issues discovered or
arising after the date hereof, and risks and issues existing as of the
date hereof but as to which additional information becomes available
after the date hereof,(2)
    
    effectively communicates those risks and
associated warnings to all those who may be exposed to the Sand and
ensures that they comply with all safeguards in that regard,(3)
    
    distributes the manufacturers safety data
sheet to all persons who may be exposed to the Sand,(4)
    
    provides those who may come into contact with
the Sand with all clothing, equipment, and working environments
necessary or appropriate for their protection, and(5)
    
    complies with all laws, including those
regarding the use, storage, application, and disposal of Sand.