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Fremouw Environmental Services, Inc.("FES")hereby notifies Customer that numerous laws and regulations may apply to
<br /> Customer's handling of its waste, including,without limitation,the requirements of Article 13 oethapter 6.5 of Division i of the
<br /> California Health and Safety Code(H&SC)Section 25250-25250.25 and Chapter 12 of division 4.5 Title 22 of the California
<br /> Code of Regulations(CCR) Sections 66262.1-66262.70,and that it is solely Customer's responsibility to identify and comply with
<br /> any such requirements in storing and handling its waste. In collecting and manifesting Customer's wastes, FES in no way assumes
<br /> Customer's responsibilities or obligations as generator of such waste or any liabilities attendant thereto. Any advice or guidance
<br /> provided to Customer by any FES representative is intended solely to assist Customer's general understanding of applicable laws
<br /> and regulations governing the collection services provided by FES pursuant to this contract,should not be relied upon by Customer
<br /> in making management decisions,and shall not give rise to any liability on the part of FES. Customer should direct regulatory
<br /> advice questions to its own attorney or qualified professional.
<br /> Customer represents and warrants that it is in compliance with all applicable laws and regulations regarding the generation,
<br /> handling,and storage of all wastes provided to FES. Customer further represents and warrants that all waste tendered to FES meets
<br /> the definition of"used oil"pursuant to California H & SC 25250.1 or in the alternative,has been properly characterized pursuant
<br /> to 22 CCR,66262.11 and identified to FES.Customer warrants that used oil contains less than 1,000 ppm halogens, less than 5
<br /> ppm polychlorinated biphenyl compounds(PCBs),and has a flash point greater than 100 degrees Fahrenheit. Customer has made
<br /> this determination by testing the waste in accordance with applicable state and federal guidelines,or by applying knowledge of the
<br /> waste in light of the:process or materials used. FES hereby notifies Customer that FES's handling,manifesting,transport, storage,
<br /> recycling treatment,or disposal of Customer's waste is conducted in reliance upon Customer's compliance with these laws and
<br /> regulations,including without limitation,Customer's proper characterization of its wastes.
<br /> Customer hereby understands and acknowledges that FES intends to recycle Customer's used oil into a valuable product
<br /> and consistent with applicable law, may commingle Customer's used oil with oil from other generators in transport trucks
<br /> and/or storage tanks prior to any sampling of such used oil by FES,for the purpose of facilitating this recycling activity.
<br /> Customer agrees that Customer shall be responsible for any and all damages,including,without limitation,the cost of
<br /> cleanin;T equipment and disposing of commingled feedstock,caused by any contaminates in Customer's waste(including
<br /> without limitation,polychlorinated biphenvis and other listed wastes)which render waste unsuitable for recycling whether
<br /> or not Customer had knowledge of such contaminates.
<br /> Customer agrees to indemnify,defend(with legal counsel acceptable to FES and its officers,directors,shareholders
<br /> employees,agents, and successors,and assigns,from and against any and all claims,demands,cost,and expenses
<br /> (including,without limitation,costs of suit, reasonable attorney's fees,consulting fees),response and disposal costs,
<br /> penalties,fines, and punitive damages(collectively"Liabilities"),whether in respect to death,personal injury,property
<br /> damage,cleanup and removal expense,cost recovery,contribution or otherwise,arising out of or in connection with
<br /> Customer's breach of any representation,warranty or covenant set forth herein or Customer's handling,use,generatjon,
<br /> characterization,storage,treatment or other management,transportation,or remediation of its wastes,except to the extent
<br /> that such liabilities were caused by FES's negligence or other wrongful conduct.In the event of any legal action arising out
<br /> of anv breach or alleged breach of this agreement or to enforce any provision of this agreement,the prevailing part'shall
<br /> be entitled to recover reasonable attorney's fees and related expenses,including arbitration and court costs.
<br /> Signer guarantees the payment of FES invoices in accordance with the standard terms of Net 30 days. If a purchase order is not
<br /> issued,the employee authorizing the work to be performed guarantees that any invoices presented will be paid promptly. Prompt
<br /> payment is defined as payment in accordance with FES standard terms of Net 30. invoice payment is not contingent upon payment
<br /> by a third party. Interest on past due accounts will be char-ed at the rate of 1.5%per month until paid.
<br /> if FES employees arrive on-site and cannot perform work due to causes beyond FES's control,standby fees will be charged at
<br /> FES's nonoral billing rate.
<br /> If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret any provision of the
<br /> work order or invoice,the prevailing party shall be entitled to recover attorney's fees and related expenses,in addition to any other
<br /> relief to which that party may be entitled.
<br /> 1 hereby certify that all information in this and all attached documents containstrue and accurate descriptions of the waste.All
<br /> relevant information regarding known or suspected hazards associated with the waste has been disclosed. i also acknowledge that 1
<br /> have read and agree to the terms on this form.
<br /> To Re-Activate or to obtain an EPA##-Customer may contact DTSC Ccs 1-800-618-6942
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