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Received on 10/29/2019
<br /> SJC EHD - CR
<br /> SERVILE AGREEMENT:STANOAROTERMS AND 00=11 IONS
<br /> 1.AD......t Customs,and Terms.,Inc,a Delouse corporation ITaoonall agree to Ne typed.haadvalBen,and pre-punted terms chat
<br /> sanctions of this Saks Cher,Including the S6rvke Agreement Standard Terms and Conditions,all of which form the agreement between Me parties
<br /> concenting Ml.Saks Ohor Agreement.
<br /> 2 Scope at Work On the terms and peril eel forth In that Agreement.Tanknolagy agrees k Provide the servfoes One Services)for Customer as
<br /> apnd6ed an MIs Sales Did..Ti nkndogy will perform the Services using am W Is faamsses(Ib P,...)appropriate lathe job contempletetl
<br /> heroundar,which IS equal to or exceeds applicago legal or Industry association minimum performance repukemenm and mlleda.Except as olherwix
<br /> ...alal Tanbnology will provka al epulmnent and labor necessary to perform he Services.Customer agrees to Satisfy all the falbwinp requirements el
<br /> the location where Services WIN be parfomad poor M Tanknolagy'.arrival and balm.lasting is done at that locallan(scilfacivaly,Me Re urigmmea for
<br /> Tappri
<br /> RegafumaMa for Tank Testing 110 Voll power soxami illly
<br /> Minimum of 2"direst Sol Into the tank System
<br /> No mom Than one(1)Inch of lank bottom water may be In the lank at the time aI the Met
<br /> Tanks must contain at least 5%of product In each lank but no more Man 20,000 full of ullege
<br /> Maximum product in tank of 90%of full car pal
<br /> Generator Tanks-Primary and Return lines men be able to be isolated from day pink
<br /> Requirements for Un,and Look Detector ToWng Access to the line As a 3/0"fast port(standerd an most shed vnve.)
<br /> Product line must be fllad with product
<br /> No water scoafng submersible pump
<br /> Power to Me Socia lbM pumps(for teak delecbr leelinh
<br /> Rialsho mpnk for Stage 11 Vapor Recovery Tearing If compertmentallbed all product levels within Unit must be within 10 home of each po er.
<br /> Maximum Fuel=75%IW61 We capadly
<br /> Wo mme Fuel=26%DNA Bas capacity and ICIM amply apace cannot exceed 25,000 gallons.
<br /> No Mel stop within S ham of he mi
<br /> Tanknolagy'.eppocnal.Job Ckamnee Form&SII.Safely Chill lsL as In cited at Me lime Oro Santis.are performed,will apply to the Servicing
<br /> Padamed al a ballon and..at be signal by Cast.,.At.repre..NOUN.at the location before and after the Services are performed.
<br /> 3 Report Ate,.mpMlian of the Service.,a wolan report Indkafing the recalls of the Services wgl be Issued Is the Customer.Tanknalogy will not give
<br /> reports or What inbrmmion concerning the tank's condition to anyone other than ere Customer unless requested by he Customer or mgdmd bylaw.
<br /> 0 Payment Customer agree.k pay Mr Me Services n Me price(s)and payment terms spat In INS SAO.Order.
<br /> 5 Aeon.and Rlghloef-Wray Customer grants to Tankndogy tie right of Ingress antl egress to Its premises and agrees In Provide to Tanknolagy clear
<br /> acceae far TAMWO109Y to carry out the Services.Customer warrants that any rlghhapway provided by Customer or ueatl by Taximpa gy Imm he piplrg and
<br /> storage lank Iarallon(s)M the most convemenl public sham Is sufgeeet to bear the weighl of all equlpment and vehicles required M perform the Services.
<br /> Tenkpnldgy shall not but nsponslble for damage caused to pavement at the sex aKa)or on the dgMa9way,a for subsurface disturbances,Provided Me
<br /> damage M not.used by Tarde ptogys negligence.
<br /> 6 lndem edification
<br /> A Ganml Sol M the lmrielians at fah In.actions B and 9 of this Agreement,to the maximum extent permitted by prea d or future applicable law,
<br /> eatlh party shell Im lope, ,defend.end hold hural...Me other pony and Ib respective afiti.ea,antl the other partyY and IM respective,nflletea'
<br /> GMMWldam,drealars,pKcame,employee&eg.M,comedos and representatives(cote l ly,a party's"Indemnified Pallas-)from and Against any and
<br /> .11 cte ral demand.,su1M,cavae.of action,actions,Proceedings,judgment.,eetilemem,liabilities,p.eNes,losses,ser,damages antl expenses
<br /> Ii ldialing,without Ilmllaliom,rec.nabb alMmey.'fees and other maaonable expenses Incurred submission with and in preparation kr litigation or
<br /> other legal procendkgS,)Including(without litigation)damage to or loss W property of any kind.whether the property of the Indemnified pats or third
<br /> penes,or from injury In or death of any and all person.whomsoever,including(without limitation)employees of the IndemnifiW party and third persona,
<br /> (mlkcavely'Clalms and Oamagra"I caused by the Intemniying party's breach of this Agreement,Including the branch of any representations or
<br /> werraMe.set forth heroin,nogllgence or wlllful misconduct.
<br /> Skii Tanks and Piping Indemnity and Rheas.Notwithstanding any other term.of this Agreement,If Customer Is unable b Nei or in.rrectly
<br /> identifies,the manufacturer Sol apetlgcallons darks tested by Trona py Ihal were manufactured to Mastsel Nobel SpedScalfons,then,With
<br /> reaped to TeNmologys Services related 10 Mase kerb:
<br /> B Indemnification To the maximum extent permitted by present or future applicable cow,Customer em ll Indemnify,delend and hold harmless
<br /> Tanknolagy,and Tanknolopy's Normal Parties,and each of then from,and aganst any and all Claims and Damages directly or Indireclly,Waling as,
<br /> YtlSing out of,or..ad by Tankndogy or Its mnuecbrs testing tants Ain an unknown or Incorrectly Identified manufacturer,testing banks AM unknown or
<br /> Incorrectly Identified spedficallons,Baser leafing amhs that were manufactured to Plesleel Product Bountiful Imi cHv y,the"Indemnified
<br /> LlabpitMs"),EVEN IF SUCH INDEMNIFIED UA91UTIES RESULT,ARISE OR ARE CAUSED IN WHOLE OR IN PART BY THE STRICT LIABILITY OR
<br /> NEGLIGENCE OF TANKNOLOGY OR ANY OTHER TANKNOLOGY INDEMNIFIED PARTY(AND IN THE CASE OF NEGLIGENCE WHETHER SUCH
<br /> NEGLIGENCE IS THE SOLE NEGLIGENCE OF TANKNOLOGY OR ANY OTHER TANKNOLOGY INDEMNIFIED PARTY,OR THE CONCURRENT OR
<br /> JOINT NEGLIGENCE OF TANKNOLOGY OR ANY OTHER TANKNOLOGY INDEMNIFIED PARTY MIK CUSTOMER OR ANY THIRD PARTY,AND
<br /> WHETHER THE NEGLIGENCE 15 CLASSIR EO AS GROSS,ACTIVE OR PASSIVE,AND WHETHER THE INDEMNIFIED LIABILITIES ARISE OUT OF AN
<br /> UNINTENTIONAL OR INTENTIONAL ACT OR OMISSION),movldW het Me Inderni Liabilities do not Include any Ilablllgos arising Darn the will full
<br /> misconduct of Tankndogy or a Tanknology Indemnified Perry,and Release.To the maximum extant permitted by applicable law.Customer agrees to.
<br /> and hereby does,waive as la Temkndogy and to oMer Tanknelogy Indemnified Parties,and reneesas Tanknology and the other Tanknolagy Indemnified
<br /> Parties from.any and all Indermal LIMAHMS,EVEN IF SUCH INDEMNIFIED LIABILITIES RESULT,ARISE,OR ME CAUSED IN WHOLE OR IN PMT
<br /> BY THE STRICT LIABILITY OR NEGLIGENCE OF TANKNOLOGY OR ANY OTHER TANKNOLOGY INDEMNIFIED PARTY(MD IN THE CASE OF
<br /> NEGLIGENCE WHETHER SUCH NEGLIGENCE IS THE SOLE NEGLIGENCE OF TANKNOLOGY OR ANY OTHER TANKNOLOGY INDEMNIFIED PARTY,
<br /> OR THE CONCURRENT OR JOINT NEGLIGENCE OF TANKNOLOGY OR ANY OTHER TANKNOLOGY INDEMNIFIED PARTY WITH CUSTOMER OR ANY
<br /> THIRD PARTY.AND WHETHER THE NEGLIGENCE IS CLASSIFIED AS GROSS,ACTIVE OR PASSIVE,AND WHETHER THE INDEMNIFIED LIABILITIES
<br /> ARISE OUT OF AN UNINTENTIONAL OR INTENTIONAL ACT OR OMISSION),provided that he waived and released Indemnified Liabilities do not
<br /> Include any Ilathies arising from the willful Shaanxi of Tior mi gy or a Tommotogy IndemniRe l Party.
<br /> C Defense and Settlement The Inman llyinp parry will have the right b control the defense and Sates m nl of third party Claims and Damages mule,this
<br /> Seddon T with Aural kASol...stable Is the indemnifletl party.The indemnified party will have he right to partidgab in the defense and
<br /> Settlement with 1%own supreme at IM ower.,..%off...the indemnifying party Nib or refuses he defend Iho cleim with attorneys reasonably
<br /> acceptable to he Indemnified party in ar llh ase the ademmifiad poly's pertklpatlon alhall be At the expense of Me indemnifying party.Nether poly
<br /> will be liable for seltiamenla ankmad Into by the oMer party without 0relr.na il,which will not be unreasonably wfhhefd.
<br /> D Survival The terms pct MIs sachem 6 will survive the monastic.or expbotian of this Agr..menL
<br /> T Default and Remedies Neither party w1I1 be in debull hereunder if nonperformance Is due Is delays or dr.msanas beyond Me paths sculrol,
<br /> including but cal Il egad to compilers.with any Federal,State or Iea1 NO,rule or regulation,acts of Gad,fires,stamps.work alp ipagee or decoys.str.es
<br /> or oMer bba disputee,h omic.ga0on embargoes or delays,or Inabllty Io Net.smumnals,labor,equipment,transportation,elecnciy,gas or all,Mel to
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