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r. ,%NOW, <br /> 8 . Disposer shall give Forward at least twenty-four (24) <br /> hours notice prior to the delivery of any Soil by calling Eric <br /> Horton at (209) 466-5192 and the landfill at (209) 982-4298 . <br /> Such notice shall include the anticipated number of trucks to be <br /> used in delivering the Soil, total estimated volume of Soil to be <br /> disposed of, and the description of any special equipment that <br /> shall be required for the disposal. Disposer shall conform to any <br /> routing requirements, safety protocol and dumping directions <br /> specified by Forward, although, Forward shall have no obligation to <br /> provide same. <br /> 9 . Forward shall have no obligation to accept Soil if weather <br /> or other conditions impair the safe and effective disposal of the <br /> Soil or if the Soil impairs the safe and effective operation of the <br /> Landfill . Forward shall use reasonable efforts to promptly notify <br /> Disposer of its inability to accept Soil for any reason. If <br /> Forward' s refusal to accept the Soil is based on weather or` other <br /> site conditions, Forward shall furnish Disposer when site <br /> conditions are expected to change such that Forward will be able to <br /> accept the Soil. <br /> 10. Forward' s acceptance of the Soil is subject to regulatory <br /> ^" approval and applicable regulatory requirements. Forward shall <br /> have no responsibility or liability to Disposer or any other person <br /> due to regulatory requirements which affect or limit Forward' s <br /> ability to accept soil. <br /> 11 . Disposer warrants that it will comply with all statutory <br /> and regulatory requirements applicable to Disposer regarding the <br /> transportation or disposal of the Soil. <br /> 12 . Disposer shall indemnify, defend and hold harmless <br /> Forward, its affiliates, and their officers, directors, employees, <br /> agents, representatives, successors and assigns from and against <br /> any and all costs, judgements, losses, liabilities, regulatory <br /> directives , liens, fees (including but not limited to attorney's <br /> fees) , penalties, fines, taxes and expenses (collectively <br /> "Liabilities") , to the extent arising from Disposers breach of this <br /> agreement or the negligence or willful misconduct of Disposer or <br /> its contractors or agents regarding the generation, handling, <br /> transportation, transfer or disposal of the Soil. <br /> 3 <br />