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