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USTMAN USTMAN SIR SYSTEM MONTHLY MONITORING AND MANAGEMENT SERVICE CONTRACT FOR UNDERGROUND STORAGE TANKS This agreement is made between USTMAN Industries Inc. (herein referred to as "USTMAN") whose mailing address is 12265 West Bayaud Avenue, Suite 110, Lakewood, CO 80228 AND Kwikie Foods (herein referred to as "Customer"), whose mailing address is, 2081 Country Club Boulevard Stockton CA 95204 Phone (209) 942.1171.. RECITALS: A. USTMAN has developed computer software and is providing USTMAN SIR System Monthly Monitoring and Management Services using the "Statistical Inventory Reconciliation" (SIR) method of release detection for petroleum underground storage tank systems (USTs). B. Customer will provide information to USTMAN relating to Customers underground storage tanks and USTMAN will analyze that information and assist Customer in maintaining compliance with federal and state regulations regarding leak detection for tanks and piping. USTMAN understands the importance of confidential treatment of Customer's information and will rece4ve and hold that information in confidence. C. The USTMAN SIR System has been certified by two nationally recognized independent third party laboratories as meeting Federal performance standards for SIR methods. (A copy of the evaluation reports) applicable to Customers USTs islare attached hereto and should be retained in Customers riles for review by regulatory agencies). AGREEMENT: In consideration of the mutual covenants and conditions contained herein, the parties agree as follows: 1. Customer hereby retains USTMAN to perform Monthly Monitoring and Management Services utilizing the USTMAN SIR System on designated USTs owned and/or operated by Customer. 2. Customer shall provide USTMAN, on a monthly basis, daily inventory information in accordance with ITSTMAN's current operating procedures. USTMAN will analyze the information provided and prepare reports of such analyses for Customer. USTMAN will not disclose such information to others without Customer's written consent, except that this does not apply to information which USTMAN holds without secrecy obligation or which is disclosed pursuant to order of court. 3. Chsfpmer dnff pay fuss for this mrviar as fatfows: (MV) For Z famb (a) 295.00 per tank per year: f 590.00 One time set aT fee $35.00 per lank: $ NC Total Due: f 590.00 Paynesat Tena: Initial payment of $29500 dam upon wimpoon of contract fb&rwod by 1 payments of $ 295.00 doe on October 1. 19941 4. This agreement shall be effective as of April % , which is the first month for which UST data shall be submitted, and shall continue for One year(s). Upon expiration of the primary term, this agreement shall he automatically renewed for successive additional 1 year terms unless written notice of non -renewal is given by either party at least 60 days prior to the expiration date. Any such renewal shall he at fees in effect at the expiration date unless USTMAN gives notice of a new fee schedule at least 90 days prior to expiration date, in which case the new fee schedule shall apply. The writing on the back side of this agreement is incorporated herein. IN WITNESS WHEREOF, the parties agree to the above terms. iilvi/1�t°, (Customer) Title: r/JId/no0 , (Typeorprint signature name & company name) Date: `T Z L USTMAN COPY US INDUST , 7. By: Title: Dan R. Cook President Bruce Hunt Regional Sales Manager By MER USTMAN Industries, Inc. a Underground Storage Tank Management -265W Bayaud Ave. a Suite 110 • Lakewood, CO 80228 • 1-800-253-8054 • (303) 986-8011 • FAX(303)986-8227 Dedicated to protecting the environment