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1-24-19% 4: 18PM FROM n' NEIU —INVESTIGATIV 7986050 P. 6 <br /> Projects) nor is contractor the owner or operator of any regulated equipment, processes or devices <br /> which may be present at sites(s). <br /> (b) TRUST, using the respective EPA kientifiation Numbers assigned to the Sites) shall execute any <br /> and all documents necessary for the transportation, disposal or treatment of spedai wastes, non <br /> hazardous and hazardous man generated during the course of the Project. TRUST shall comply with <br /> d Other govwmnw t standards applicable to generators of hazardous/nonhazardous waste, including <br /> without limitations the standard set forth in State of California Health and Safety Code(s) Business and <br /> Professional Code(s)Tide 40 of the Code of Federal Regulations, Part 262 and Tisk 22 of the California <br /> Code of Regulation. TRUST shall pay all Hazardous Waste Control Account Taxes, Superfund Taxes, <br /> Generator Fees and other taxes and fees assessed by any local, state or federal agency with respect to <br /> the management and deposition of hazwdous/non dous and sold or liquid wastes generated during <br /> the course of the Project. <br /> (c) Notwithstanding TRUSI"s obligation to comply with all generator standards as described in <br /> subparagraph 3(b). for ON materab handed by Contractor during the course of the Project, Contractor <br /> shall characterize the materials to be transported from the Site(s), comply with applicable <br /> requirements for temporary accumulation of any specter/ %setas, nonhazardous and hazrrdous tastes, <br /> perform all pre-transport requirements (including packaging, labeling and place-carding of the <br /> material) and prepare each required transportation manifest for signature by TRUST. <br /> (d) Prior to commencing performance of all or any portion of the Project, TRUST shall obtain all <br /> permits, licenses and other approvals or documents necessary for performance of the Project or such <br /> portion thereof in compliance with regulations or law, and or TRUST shall execute any and all <br /> instruments reasonable and necessary for Contractor to obtain arty such approval when authorized by <br /> TRUST. <br /> 4. Term <br /> The term of the Agreement shall commence on the date hereof and shall continue until terminated by <br /> ?RUST or Contractor in accordance with paragraph 6 hereof. <br /> S. CQrcersation <br /> (a) TRUST shall pay Contractor compensation for services rendered hereunder as inflated in <br /> proposals, and work authorizations or in accordance with Contractor's standard fee schedule as <br /> revised, N on a time and disbursement basis. Contractor's currant fee schedule is attached hereto <br /> which may be revised at Cor treaces discretion after thirty days written notice to TRUST. The <br /> aggregate mount payable to C atractor for services rendered and expenses incurred hereunder shall <br /> not exceed the amount audrouizad In work authorization executed from time to time by TRUST, without <br /> prior notice and approval of TRUST. <br /> (b) For time and disbursement basis agreement Contractor may submit monthly Invokes to TRUST for <br /> the work performed. Each invoice shall contain a description of work performed during the period <br /> covered by invoice and a list of expenses for which Contractor claims reknbursernem. Each invoice <br /> shall be due upon presentation and shall be payable in full within thirty (30) days without retention, <br /> unless within ten (10) days for the date of the invoice TRUST notifies Contractor in writing that it <br /> disputes an item an the Invoice. If TRUST objects to any item charged on any invoice, TRUST shall <br /> notify Contractor in writing of its objection(s) within ten (10) days of the date of the invoice, give its <br /> reasons for objection and immedateiy pay that portion of the invoice that is not in dispute. Upon <br /> receipt of any such TRUST objection to Pay any portion of the Invoiced amount Contractor shall have <br /> the right to irrimedately stop work without penalty. <br /> (c) A Lite payment FNVANCE CHARGE will be computed at the periodic rate of 10 percent per annum <br /> compounded monthly and calculated to the nearest day, and will be applied to any unpaid balance, <br /> corn mencing 30 days after the date of the original invoice. <br /> (d) In the event of any termination of the Agreement pursuant to Paragraph 6 hereof, TRUST shall pay <br /> Contractor for any necessary and reasonable costs of demobilization or termination of field work in <br /> progress at the time of such termination. <br /> 6. Termination <br /> (a) TRUST may terminate this Agreement by giving ten (10) days written notice to Contractor. <br /> Contractor shall stop work immediately upon receipt of termination except to the extent necessary to <br /> demobilize and to properly temiinste and secure field work in progress and TRUST shall pay Contractor <br /> for work peufomed in accordance with Paragraph 5 hereof. <br /> (b) in the event TRUST fails to pay Contractor within 10 days after billing, Contractor may elect to <br /> stop work and notify TRUST that such default constitutes a total breach and effective termination of <br /> this Agreement. Upon receipt of any such notice of termination, TRUST will pay Contractor for OR <br /> work performed in accordance with this Agreement pursuant to paragraph 5 hereof. <br />