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<br /> CleanTech Environmental, Inc. ("CleanTech") hereby notifies Customer that numerous laws and regulations may apply to
<br /> Customer's handling of its waste. including, without limitation, the requiremews of Article 13 of Chapter 6.5 of Division 1 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 Ctalifonli: Code of
<br /> Regulations (CCI ) Sections 6€262.1-56262. 70,and that it is solely Customer's responsibitity to identify and comply with any such
<br /> requirements in storing and handling: its waste. in collecting and manifesting Customer's wastes CleanTech in no way assume,
<br /> Customer's responsibilities or obligations a ions as genera€or of such waste or any liabilities 4ttendtant thereto. Any advice or -uidonc:e l)ru-
<br /> vided to Customer by any CleanTech representative is intended solely to assist Customer's gcnerai understanding of applicable laws
<br /> and regulations governing the collection services provided by CleanTech pursuant to this contract.should not be relied upon by cus-
<br /> tomer in making management decisions,and shall not give rise to any liability on the part of CleanTech. Customer should direct res-
<br /> ulatory advice questions to its own attorney or qualified professional.
<br /> Customer represents and warrants that it is in compliance with all applicable laws and regtila(ions regarding die generattion.handling,
<br /> and storage of all wastes provided to CleanTech. Custom r further represents and warrants that all waste tendered to CleanTech aneets
<br /> the definition of"used oil" pursuant to Californias H & SC 25250.1 or in the alternative.has been properly obarauterized pursuant t,
<br /> 22 CCR,66262.11 and identified to CleanTech. Customer warrants that used oil conwins less than 1,000 ppm halogens. less than 5
<br /> PPM-polychlorinated biphenyl compounds (PCBs),and has a flash point greater than WK) degrees Fahreriheit. Customer has made
<br /> this determination by testing the waste in accordance with :applicable shite and federal guidelines.or by applying knowledge of fhe
<br /> waste in light of the process or materials used. CleanTech hereby notifies Custorner that ClcanTcch's handling.manifesting,transport,
<br /> storage. recycling treatment,or disposal of Custorner's waste is conducted in reliance upon Customer's compliance with these latus
<br /> and regulations, including without limitation,Customer's proper charucterization of its wastes.
<br /> Customer hereby understands and acknowledges that CleanTech intends to recycle Customer's used oil into a valuable prod-
<br /> uct and consistent with applicable law,may commingle Customer's used oil with oil from other generators iota transport trucks
<br /> orad/or storage tanks proper to nary sampliatg of such used oil by CleanTech for the purpose of facilitating this reeycling activ-
<br /> ity, Customer agrees that Customer shall be mponsible for any and all damages, including,without limitation,the cost of
<br /> cleaning equipment and disposing of commingled feedstock,caused by an contaminates in Customer's waste('including,with-
<br /> out limitation,polychlorinated biphenyls and other listed wastes)which render wastes unsuitable for recycling,whether or not
<br /> Customer had knowledge of such contaminates.
<br /> Customer agrees to indemnify, defend (with legal counsel acceptable to CleanTech and its officers,directors,shareholders.
<br /> employees,agents,and successors;and assigns from and against any and all claims,demands cost,and expenses (including,
<br /> without limitation.costs of suit,reasonable attorney's fees,consulting fees),response and disposal costs,penalties,tines.and
<br /> punitive damages (collectively "Liabilities', whether in respect to death, personai injury, property damage, cleanup and
<br /> removal expense,cost recovery,contribution or otherwise,arising out of or in connection with Customer's breach of ally rep-
<br /> resentation, warranty or covenant set forth herein or Customer's handling,use,generation, characterization,storage,treat-
<br /> ment or other management,transportation,or remediation of its wastes,except to the extent that such liabilities were caused
<br /> by Cleantech's negligence or other wrongful conduct. In the event of any legal action arising out of Any breach or alleged
<br /> breach of this agreement or to enforce any provision of this agreement,the prevailing party shall he entitled to recover rea-
<br /> sonable attorney's fees and related expenses,including arbitration and court costs.
<br /> If CleanTech employees arrive can-site and cannon perforni work clue to causes beyond C'leanTech's control, standby fees will be
<br /> ch.uged at Clearitech's normal billing rate.
<br /> If wiy action at law or in equity, including, an action for declaaratory relief, is brou11111 to enforce or interpret arty provision of the wort:
<br /> order or invoice,the prevailing party shall be entitled to recover attorney's fees and related expenses,in addition to any cattier relief it)
<br /> which that party may be entitled.
<br /> If i arri a lar=,c quantity gtpastor,l certify ditat I have a program in place to reduce the volume and toxicity of waste generated to.the
<br /> degw,1 have clWternaineci to be; econoTnisall'y prae icable as d than I have selected the practicable method of tr:aattnent,storage.cir dis-
<br /> posal currently available to enc which minimizes the present and future treat to hurnan health and the environment,OR.if l am a small
<br /> quantity generator, i have niade a good faith effort to minimize any waste generation and ,elect the. best \v:Lste nianag:emem mahod
<br /> that is available:to ine and that I can afford.
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