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STANDARD TESTING AGREEMENT <br /> 1 . It is expressly recognized and agreed that the sole responsibility of Contractor is to test, <br /> using a State of California approved test method, and to certify that the storage tank, as <br /> described in paragraph two (2), at the time of testing, either meets or does not meet the <br /> tolerances for a tight tank as established by regulatory standards; and to deliver to Owner- <br /> Operator a written report with respect to the results of Contractor's tests. <br /> 2. Contractor shall test the tank(s) with the following description(s): <br /> Tanks located at: 3480 East Carpenter Roan, Stockton, Ca. <br /> Testing to start at: 8:00 AM on Friday, January 28, 1994 <br /> TANK CAPACITY PRODUCT CONTAINED TANK #/LOCATION <br /> 10,000 Gasoline Southeast <br /> 1,000 Diesel Fuel Northwest <br /> 3. For the testing of the above described tanks, Contractor shall be paid the following fee, per <br /> tank, per test: Twohundred ninety ($290.00) Dollars. <br /> 4. All fees will be invoiced by the Contractor upon completion of the test. All amounts are due <br /> and payable on a net cash basis. Owner-Operator agrees to pay reasonable attorneys' fees <br /> as fixed by the court, and interest charges, at the rate of 1.5% per month, in the event legal <br /> actions is necessary to collect any balance due. <br /> 5. Contractor shall have no responsibility whatever for the repair of any leaks which may be <br /> detected or in any way in connection with or with respect to any contaminant or hazardous <br /> waste which may exist before Contractor's testing, during Contractor's testing, or at any time <br /> after Contractor's testing. The sole responsibility for any reports to governmental agencies or <br /> authorities and for the removal and disposal of any such contaminant or hazardous wastes, <br /> and any corrective or remedial action in any way in respect thereto, shall be that of the <br /> Owner-Operator, alone. Contractor shall have no responsibility whatever in any way in <br /> connection with any attempted corrective remedial action by Owner-Operator or its' <br /> contractors, subcontractors, or any other third party. The provisions of this paragraph shall be <br /> included in any contract entered into by Owner-Operator in connection with the subject matter <br /> of this Agreement. <br /> 6. Owner-Operator and their contractors, subcontractors, and any other third party involved, <br /> and each and all of them, agree to hold Contractor free and harmless from any and all <br /> liability, loss, cost, expense, or damage, including consequential damages in any way arising <br /> in any way connected with the Agreement or any attempted corrective or remedial action <br /> undertaken by Owner-Operator or their contractors, subcontractors, or any other third party, <br /> except only for the liability which may arise from Contractor's sole negligence or willful <br /> misconduct. <br /> 7. Any tank to be tested by Contractor must be filled by Owner-Operator to capacity plus four <br /> (4) inches into the respective fillpiping, and allowed to remain static for a minimum of three <br />