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<br />5 AND GO O S O DISPQS co ti ed
<br />2. REPRES~NTATIONS 8 WARRANTIES. Customer represents and warrants that: (a) the descripti~n of the waste set forih on
<br />tRe fltst page hereaf is true and coRed in all msterial respects; {b) all waste delivered to the Designated Landfill by Customer shali
<br />b~ Acceptable Waste as defined above and shali not be ar contain Ex~luded Wasta; (c) Customer shall, and shall cause any
<br />carrier with which d cont~acts to, handle a~d transport the wasie in a safe and worlcmanlike mann$~ in full campliance wlth all
<br />applicable federal, state and loca~ laws, orrJinances, decisions, or+ders, rules or reguletions; and {d) Customer has advlsed its
<br />driv~rs of Company's prohibftion o~ delivery nf E~acluded Waste, of tha definitians and listing of hazardous waste end hazardous
<br />substances under applicable fede~a) and state law and ~egulatlons end of the definitbn of Ar.ceptable 1Naste herein. Company
<br />represents and warrarits that it st~al) dispase of the Acceptable Waste in a safe and workmanlike manner in fult compliance wdh all
<br />applicable federal, state and 1ACal laws, ordlnances, decksions, arders, rules or re~ulations.
<br />3. TtTLE; INSP~CTION~ REJECTION OF WASTE. Tale to end ownership of all Acceptable Waste shall transfe~ to Company
<br />upon ils finai acceptance of Acceptable Waste. Tit1e to, ownership of and liability fo~ E~acluded Wasie shalt at all times remain wdh
<br />Customer. Company may inspect the waste delivered by Customer and reject E~luded Waste. If, following acceptance of the
<br />waste dalivered by Customer, such waste i~ found to be or contain Excluded Waste, in whole ar In part, Company may rev~oke its
<br />acceptance of all such wasie. Rewcation of acceptance by Company shall operate to re-vest all incidents of owr~er~h~p in
<br />Custamar at tha time re~ocatbn is cammunlcated, edher orally or i~ wrding. Custemer shafl ~emove E~luded Waste, at ks sole
<br />cost and e~ense, from the possessfon of Campany promptly, but in na ev~nt lat~r than 7 days, after natice of rejection or
<br />revocation of acceptance_ Company shsll hav~ the r'~ghi 10 ~efuse to accept or io rajed any Acc~ptable Waste in the event of
<br />Customer's faiture to pay disposal fees owed by Gustomer.
<br />4. (NDEMNITY. Each paRy hereto (ihe Indemnitor") hereby ~grees ta i~demnify, hald harmtess and defend tha other party, and
<br />its awners, o~cers, directors, smployees ana agents (colleatively, the "Indemnitees"), from and agair~st any and all iiabilities,
<br />penalties, fines, forfeitures, demands, cla~ms, causes of action, suds, judgrnents and costs and e~enses incidental thereto,
<br />including 8riorneys' fees (colladiv~ely, "Damages'~, which any or all of the Indemnftees rnay hereafter suffer, incur, 6e raspansible
<br />for ur pay out as a result of personai injuries, property damage, or coniaminatian of at adverse effects on the environment, to the
<br />e~ent caused by, or a~lsing from o~ in connectmn w~th the breach of any representatians or warranties of 1he Indemnitv~ set forth in
<br />this Agreement, nr any negligent actions a~ Qmissions or willful misconduct of the Indemnitor, As employees, o~cers, owners,
<br />director~ or age~ts, or the vralation oi any lew, ordlnance or regulatlon, including, without limitation, tRe Comprehensive
<br />Enviro~mental Response, Compensation and Liability Act, 42 U.S.C. § 86a1 et s~q., as amended. Such indemnity shafl e~lude
<br />Damages to the e~dent they arise as a result of any negligent actions or amissio~s or williul miscondud of the tndemnitees or their
<br />employees, officers, owners, directars or agents_ The indemn~catbn abl~gation hereunder sha11 a~ise only in e~ess of any
<br />arrailable and col{ectible insurance proceeds and the Indemnitor shall be liable hereuncfer to pay only Rs share of trie amount of
<br />Damages, i~ any, thal e~areeds th~ total amount that all insurance has paid for 1he Damages, plus the total of aN deductible and
<br />self-insured e~ensas paid under all insufance policies. The obli~ations in this Section 4 shall survi~a ihe performance and
<br />lennination af this ApfeBment.
<br />5. UNCONTROLLABLE CIRCLIMS7ANCES; TERMINATION. ~a:ept f~r the obligatian to pay fees tor disposal of Acceplable
<br />Waste acc~pted ai the Designated Landfdl, the performance of ih~s Agreement may be discontinued or tempo~arily suspended by
<br />either paRy in the event the deiivery of waste by Custnmer, or ihe disposal of waste by Company are prevented by a cause or
<br />causes beyond the reasonable control ot eithe~ party. Such causes shall include, but not be limited to, acts of God, aots of war,
<br />riot, flre, e~lasion, accident, flaod or sabotage, gavemmental laws (including nuisance), permit condRions, regulations, ~estrictions
<br />(including fand use), condition of the waste or injunction. Company may immediately terminate dispasal senAces upon written
<br />notice to Customer in the event Customer breaches any term, pravision or obllgatian under this Agreement. Custamer shall be
<br />liable for and shatl pay to Company a11 costs and lasses Incurred by Company as a result of or relating to any such termination.
<br />8, MISCELLANEOUS. Thls Agreement shall be govemed by the laws of the state in which the Designated l.andfill is locsted.
<br />Every p~ovisidn of Ih~s Agraement sha11 be s~verable. This A~raemeni represents tne entire underslanding and Agraement
<br />belween the parties relaling to the dispQSal of waste. No rapresentations, statements or A~reements, unlgss agreed to by the
<br />partieS in writing, shall modify, change, amend or otherwise affect ihe obtigations undertaken in this Agreement. No waiver by
<br />either party of any one or more defaults ar breaches by the otfier in ihe performance of th~s Agreement shall operate or ba
<br />const~usd as a waiver of any future defaults or breaches. Customer may ~ot assign this Agreement without the prbr wr~ten
<br />consenf of Gompany. This Agreement shatl be binding upon and shafl inure ta the b~nefd of the paRies' successors and essigns.
<br />CERTIFICATION
<br />THtS DOCUMEt+1T MUST 6~ SIGNED BY THE C3ElVERATOR OR GENERATQR'S A~UTHORiZED REPR~SENTATIVt, rarv
<br />A FIRST HAND KNOWL.~DGE OF TH~ WASTE'S CHARACTERtsTICS. BY SIC3Nlf~c3 BELOW. C9ENERATOR CERTIFIES
<br />QF THE INFORMATI~N
<br />ON THE FIRST PA[3E HEREOF AND THAT GEN~RATOR HAS READ ANQ A~REES TO TH
<br />u INDiCAT~S
<br />THE TRUTH
<br />E T~RMS
<br />
<br />AND CONpIT10NS SET FaRTH ON THE FIRST D SECOND PAOES HEREOF WHICH ARE INCORPORATED H~REIN.
<br />DAT~: / U- 2. 3'~I7 CUSYOMER 1 GEPfERATOR:
<br />PRINTEO NAM~' , R A~`~ ~~~ ~~ i2 ~ ~ S SIGNA7URE;
<br />
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