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SAFETY-KLEEN SERVICES, INC. • • A5
<br /> and Subsidiaries 3a1 N-hiew
<br /> One Brinckman Way 20163928
<br /> Elgin, Illinois 60123
<br /> BRANCH LOCATION: 7-185-01 MASTER SERVICES AGREEMENT
<br /> 'CUSTOMER'BILL TO CUSTOMER SERVICE LOCATION(IF'DIFFERENT FROM BILL TO)
<br /> DEPUY OR11VfEq-I � � �
<br /> 1905 N MACW HUR
<br /> TRACY CA 95376-2833
<br /> LJ L Epi ryy J
<br /> SAFETr-KLEFiIGtly'[glkl[tT NO. OROEP OATF�-27—ryyyt WNL 7-27—tial/ rp; 12-31-9999
<br /> J� I��L 7 LUIIJ FPOM:
<br /> CUSTOMER P.O.IOROER NO. CUS{(WriR rjN�/fi-5/yyT CUSTOMEP CQY;
<br /> ��fJ—QK L1N 1 1
<br /> NOTICE: I HAVE READ THE ENTIRE AGREEMENT AND ACCEPT IT IN ITS ENTIRETY,INCLUDING THE TERMS AND CONDIT104S PRINTED HEREUNDER AND
<br /> ON THE REVERSE SIDE,AND I HAVE RECEIVED A TRUE COPY THEREOF.
<br /> IN WITNESS WHEREOF,the partles hereto have executed this Agreement by their duly authorized representatives.
<br /> CUSTOMER SAFETY-KLE N
<br /> By(Pumhorizetl love By(ANM1orzed S�anaturei
<br /> Slgrms,lloe rypewdaen 9ignatUre PnnladType
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<br /> In consideration of the mutual undertakings and subject to the terms set forth below and intending to be legally bounq the parties agree as follows:
<br /> TERMS AND CONDITIONS
<br /> WHEREAS,the following parggraphs set forth Me general terms and condWons under which Safety-Ween shall,at Customers request,provide Me services as specified in Me Supporting Documents(Services),Including
<br /> Services for wsets materials PWal tendered to Safety-Keen by Customer or any Of its or its subsidianes'fabities located in Canaria,the United Stales or any US.Territory.All Waste profile or Waste survey documents,
<br /> prequalRlcation analysis,price quotations,proposals,sales and service acknowledgments and the specifications of desired Services set form In the Custarnere solicitation,purchase orders,work orders or requests(Individually
<br /> and call referred to as'Suppon ng Documentsh shall be Incorporated herein by reference. -
<br /> 1. TERM Customer certifies Mat the Waste it lenders to Safety-Ween contains no Chlorinated Dibenzodloxins
<br /> The term of this Agreement is effective tlunng the contraal term set forth above and will continue (Dioxins)in listed in 40 CFR Part 261-Customer understands Mal Customer shall be responsible for
<br /> Mermftor until terminated pursuant to Section 14. property executing,in the loan and number required,all mantleab,profiles and similar docomentatlon
<br /> and/or cemAcations relating to the Wells,In accordance with applicable laws and regulations.
<br /> 2. ORDERING AND SCHEOWNG
<br /> As the Customer determines that II requires Services under this Agreement,the Customer shall All Waste which Safety-Ween determines does not conform to the Waste Description thereto
<br /> eq 9 fNonconMrtning Waste'I will be managed in accordance with Me provisions of Section 5 below.
<br /> solicit a quotation and/or proposal from Safely-Kleen. K Safely-Wean submits a quotation and/or
<br /> proposal and If same is accepted by Customer. Customer shall Issue a purchase or work order or 5. NONCONFORMING WASTE
<br /> request to Safety-Ween.The Services to be performed at each specific job site shall be performed in Waste shall be considered Ncoconforming Waste it it fails to conform to the Waste Description
<br /> accordance with and govemW by Me terms and conditions of this Agreement and the Supporting applicable thereto or 9 any packaging and marking provided by Customer is not in accordence with
<br /> Documents. Safely-Ween Is contractually committed to provide Services only upon Safety-Kiesn's applicable law and,H applicable,requirements provided In advance to Customer by Satety-Ween.In the
<br /> confirmation of Customers credit worthiness and Safety-Kleen's acceptance of a purchase or work oder event the Waste is discovered to bs Nonconforming Waste, Safety-Koen may reject or revoke Its
<br /> specifying Me desired Services.Unless specifically provided otherwise,Customer shall contact Safety- acceptance of the Waste.The rejection or revoca0an of acceptance shell be effective immediately upon
<br /> Ween to orange a mutually acceptable schedule for Safety-Kleen's performance of Me Servlcea, receipt of notice,veroal or wyleen,to Customer or to agent.Customer and Safety-Wean shall have seven
<br /> (7)days to seek an alternative lawful manner of dispassion of the Nonconforming Waste,unless it Is
<br /> 3. PRICE necessary by reason of law or Safety-Keen facility permit or operating Procedure to move the
<br /> The Once for the Services shall be set forth in Me Supporting Documents.Unless otherwise set Nonconforming Waste in lass than seven(7)days.If Customer and Safety-Keen can not agree on an
<br /> forth M Safety-Kleen's proposal or quotation, this pros will be Increased to include any sum which alternate manner of disposition within and seven(7)days or, If applicable,within a shorter period,
<br /> Safety-Klaen Is required to pay to local,state,provincial or federal governments or agencies by virtue of Salety-Ween shall either return the Nonconforming Waste to Customer or unilaterally determine and
<br /> a tax, tariff, fee, surcharge or other charge on Me transportation, storage, recycling, treatment or arrange for an alternative,lawful manner of disposition.Customer shall pay Safety-Mean as reasonable
<br /> disposal of the Waste in effect at the time Services are rendered and such sum will be Invoiced to the expenses and charges for Services provided in relation to such Nonconforming Waste, including
<br /> Customer as a separate Item on invoices.Unless otherwise agreed,Safely-Wesn's prices are subject to analytical work,repair,replacement,decontamination and claiming of equipment,and Nonconforming
<br /> change upon thirty(30)days written noflce to the Customer.Safety-Keen reserves the tight to assess a Waste charges.
<br /> Nonconforming Waste charge for any Waste a determines to be Nonconforming Waste In accordance In the event of a dispute under thie section,dent chemical
<br /> may have a sample is samples s such
<br /> with Section 5 below. Waste analyzed by a ante id,reputable,Independent ical co posilabotion ay.It chemical analysis Me shows
<br /> Full payment is due within thirty(30)days of the invoice date.Unless otherwise set forth in Safety- Met Ma particular,Mn fetYK in question hes the chemical composition ss rnory I tl In Me Waste
<br /> Kleen'6 proposal or quotation,R transportation is provided by Safety-Kleen,shipping terms ere F.O.B. chemical
<br /> a Men and c -thee will pay Me expanse of Me ed.If the encim
<br /> laboratory Performing that
<br /> the
<br /> point of transfer.Interest In the amount equal to 1.5%par month(18%per annum)or the maximum chemical analysis and continue its Services as descongribed
<br /> agreed.It the chemical,Mnanalysts shows that the
<br /> amount allowed b law,whichever Is lower,will be added to all amounts Outstanding for more than thirty chemical composition fort a of the Waste Is not ss tlesGlbetl In Me Waste Dssedpllon,Men Sefery-Kleen will
<br /> Y proceed ss set forth above.
<br /> (30)days.in addition,Customer shall be t due(ibleincl for collection l and[ or legal neer,at a rete not to Safety-Ki n only
<br /> for
<br /> provide due rare gentshile the contractors,o Waste Is in its possession and shell
<br /> exceed t of n Invoice.
<br /> e. In der amount due urate,(including principal end interests Ind Wholly
<br /> In collecting be h Waste. only for its employees',agents',subcontractors,or Inveees'negligence with respect to
<br /> payment of re Invoice. In order to assure accurate,promptly
<br /> ofmutually agreed charges and timely payment, sato Waste.
<br /> Customer Is responsible for notifying Safety-Keen promptly d any disputed charge In an Invoice. 6. TITLE
<br /> 4. COMPOSITION OF WASTE a. d Safely-Ween transports or arranges for transportation of Waste to a Safety,-Ween facility or a
<br /> It the Services to be provided herein include Waste management,for each type of Waste tendered disposal facility chosen by Safety-Ween and provided Me Waste meets Me Waste Description
<br /> to Sefery-Ween, Customer shall provide Safely-Ween with a description of the Waste (Me "Waste applicable thereto,and Me Waste Is properly packaged,coded,marked and labeled,title to
<br /> Description'I In a form acceptable to Safety-Wesn. The Waste Description shall be set forth in the and risk of loss,with respect to the Waste,shall pass from Customer to Salary-Kleen M such
<br /> relevent Supposing Documents and shall include a description of the Waste stream's chemical time as the loading operation of Waste onto vehicles provided by Safety-Ween has been
<br /> components,and the percentage composition of each such component, or the relative mix thereof, completed and the Waste Is signed for and has departed from Customers premises.
<br /> elated In ranges acceptable to Safety-Ween;Me process creating Me Waste;Waste analysis results,if b. If Customer transports,or avenges for transportatlon of Me Waste and provided the Waste
<br /> available;and a getting of unique chemical characteristics of Me Waste.It is understood and agreed Mat meets the Waste Description applicable thereto,and the Waste is property packaged,coded,
<br /> Safety-Ween shall base as, testing, evaluation and procedures for Waste Services on the Waste marked and labeled,titre to and nsk of lose,with respect to the Waste, shall pass from
<br /> Description. Customer to Safety-Keen at such time as the Waste Is delivered to Safety-Ween's faculty and
<br /> Customer understands that Safety-Ween may require Customer Ic submit a Waste Description signed for.
<br /> and/or sample of Waste either prior to or allowing Safety-Nleen's submittal of a quotation or proposal c. Title to Nonconforming Waste reverts to Customer, including risk of lose and all other
<br /> Customer shall,0 requested by Safety-Ween,provide Safety-Kleen with a sample of the Waste in an Nonconfcideryls of Nonconforming
<br /> in ownership,at accordance
<br /> time Section 5 n communicates to Customer that the Waste is
<br /> appropriate container,which Safety-Moen,at Its sale option,may or may not elect to analyze.Safety- Nos expressly
<br /> in agreed
<br /> tht with Section sabove.
<br /> Ween shall have the tight, but not the obligation,to inspect,ample,analyze or test tendered Waste d. His et to Waste
<br /> agreed Me!Safety-Ne"
<br /> Is responsible rices not take title o or assume rias of loss with
<br /> before accepting such Waste,and Sefery-Ween's exercise of,or failure to exercise,am right to inspect napex to Waste where at Sal ty-N Issallall only air transposing the Waste.
<br /> and sample shall not operate to relleve Customer of its responsibility to provide Safety-Ween a true, e. It Paris
<br /> eWasssry agreed that Safety
<br /> -NeeWsha shell at all rimes retain this to its (including,
<br /> used In its
<br /> ut
<br /> accurate and complete chemical and physical description of the Waste tendered or to relieve Customer Parts ion,Washer Service.ng ma Wean shell also retain title a arty equipment(indutling,withere
<br /> limitation, parte clearing machines or paint spray gun deeming machines), except where
<br /> W M;liability under this Agreement. Customer previously owned Me machine(CAMS Service).
<br /> (continued an beck Pagel
<br /> Forth 1a 685.7603 (3/119) CUSTOMER
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