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with or otherwise introduce polychlorinated biphenyls (PCB's), <br /> herbicides, pesticides, dioxins or listed hazardous waste into the <br /> solvent or aqueous cleaning solution. Safety-Kleen has the capacity <br /> and is permitted to accept, store, and/or reclaim the spent parts <br /> washer solvent; paint thinners, solvents and paints generated by <br /> customer; or dry cleaning filter cartridges, powder, and still <br /> residues containing perchloroethylene, petroleum naphtha, or <br /> triflurotrichloroethane dry cleaning solvents. Customer agrees that it <br /> is responsible for properly classifying its waste streams as Used Oil <br /> or Nonhazardous Waste in accordance with the provision of 40 CFR <br /> 262.11 and applicable state laws. Customer agrees that it will not <br /> introduce any non-conforming substance into the SK Property, <br /> Including, without limitation; any hazardous waste or hazardous waste <br /> constituent, (i.e., polychlorinated biphenyls ("PCBs"), herbicides, <br /> pesticides, dioxins, or listed hazardous wastes) except to the extent <br /> such introduction is incidental to the normal use of the SK Property. <br /> In the event of the introduction of such non-conforming hazardous <br /> waste, Customer agrees that it will be responsible for all costs and <br /> remediation expenses related to or arising from the proper management <br /> and disposal of the non-conforming waste, including the cost of <br /> equipment decontamination and subsequent disposal. Final invoicing <br /> will be based on the actual services provided, which may include <br /> additional charges for off specification waste and surcharges. Final <br /> Invoice amount may be more than the amount listed on the printed <br /> receipt. If any legal action is commenced because of an alleged RECEIVED <br /> dispute, breach, default oz misrepresentation, Che Cus[aoer also <br /> agrees that the prevailing party will be entitled to recover <br /> reasonable attorney's fees and costs associated with the <br /> non-conforming contamination event. Safety-Kleen's failure to screen C4r•n G 9 20% <br /> Customer's material or take a retain sample, in no way constitutes a . r r <br /> waiver of Customer's obligation to properly classify its materials. <br /> safety-Kleen relies on Customer's representations and Customer is ENVIRONMENTAL HEALTH <br /> responsible for informing Safety-Kleen of any process changes that may PERMIT/$ERVI <br /> alter the characteristics of the materials provided. IN THE EVENT OF CES <br /> AN EMERGENCY CALL -24-HR NUMBER- 1-800-468-1760 (Safety-Kleen) <br /> I have established a program to reduce the volume or quantity and <br /> toxicity of-t4[e-hazardous waste to the Asgree-to-be,econaoSEal3-y - -- <br /> practicable. <br /> Signature <br /> CUSTOMER / GENERATOR: Con J Franke Electric Inc austin ming <br />