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3 . The gees do not include transportation fees or taxes or <br /> land disposal fees or taxes assessed by the state of California or <br /> any other governmental entity. Disposer shall be solely <br /> responsible for payment of all such fees and taxes. <br /> 4 . Forward has obtained approval from San Joaquin County <br /> Public Health Services to accept the Soil based on the information <br /> Disposer has provided and the satisfactory completion of any <br /> conditions listed in item (5. ) below. The regulatory approval <br /> number for the Soil is 91--217 . Disposer shall include this <br /> regulatory approval number in all correspondence and documentation <br /> -� relating to the Soil. <br /> 4 <br /> 5. Prior to delivery of any Soil to the Landfill, Disposer ' <br /> shall complete to Forward's satisfaction, at Disposer's sole cost, <br /> the following additional tests on the highly contaminated portion { <br /> of the Soil: <br /> (a) NONE REQUIRED <br /> All such tests shall be performed at a California certified <br /> laboratory. The results of such tests shall be provided to <br /> Forward. If forward, in its sole discretion, does not approve such <br /> results, the Soil cannot be accepted by the Landfill. <br /> 6. Forward reserves the right, in its sole discretion, to <br /> conduct verification tests regarding the contaminants on any <br /> portion of the Soil . Such tests will be conducted reasonably soon <br /> after the soil to be disposed is delivered tej the Landfill. If, in <br /> Forward's sole 3udgement, the results of verification testing do <br /> not adequately match the results of prior testing, Forward, in )ts <br /> sole discretion, may terminate Disposer's right to make any further <br /> " deliveries of Soil and may require the Disposer to immediately <br /> remove from the Landfill, at Disposer's sole cost, all Soil <br /> previously delivered. within sixty (60) days after final removal <br /> of all such Soil , Forward shall refund any Fees previously paid by <br /> Disposer for disposal of such soil, less a handling charge to be <br /> retained by Forward of $10.00 per cubic yard of such soil . Title <br /> to all such removed Soil shall remain in Disposer. <br /> 7 . The data , information, terms and conditions of the Forward <br /> Waste Characterization Form, which Disposer previously submitted to <br /> Forward regarding the soil, are hereby incorporated into this <br /> agreement in their entirety. <br /> f _ <br /> 2 <br />