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<br /> CleanTech Environmental, .Inc. ("CleanTech") hereby nolif€es Customer that numerou laws and regulation" way apply ply to
<br /> Customer's handling of its waste. i€zeltiding. without limitation, the requirements of Article 13 of Chapter 6.7 of Divis.iOn I Of the:
<br /> California health and Safety aide M&SC)Section 25254-25250.25 and Chapter 12 of division 4.5 Title 22 of the California Cotte of
<br /> Regulations (CCF:) Sections 66262.1-66262. 70,and that it i solely Custorner's responsibility to identify and comply with any such
<br /> requirements in storing, and handling its waetc. In collecting and manifesting Customer's wastes Clean't'ech in no way risen ies
<br /> Customer's responsihilities or obligations as generator of oriel( w=aste or any liabilities attendant thereto_ Any advice or guidance pro-
<br /> vided to Customer by any CleanTech representative is intended solely to assist Customer's general understanding of applicahle laws
<br /> and regulations governing the collection service,provided by CleanTech purl ant to this contract.should not be relied upon by cu,,--
<br /> tomer in malting management decisions.and sh€ell not give rise to any liability on the part of CleanTech. Custorner should direct reg-
<br /> ulatory advice questions to its own attorney or qualified professionai.
<br /> Customer represents and warrants that it is in compliance with all applicable laws and regulations regarding the generation.haandling,
<br /> and storage of all wastes provided to CleanTech. Customer further represents and warrants that all waste tendvred to CleanTech inceis
<br /> the definition of"used oil" pursuant to California H & SC 25250.1 or in the alteniative_has been properly characterized put'sua€at to
<br /> 22 CCI;(,66262.11 and identified to CleanTech_ Custorner warrants that used coil contains less than 1,000 ppm halogens. less than 5
<br /> PPM-polychlorinated biphenyl compounds (PCB,:), .and hags 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 f uidclines,or by aapplvina k110WIedge of the
<br /> waste in light of the process or materials used. CleanTech hereby notifies Customer than CleanTe.ch's handling,manifesting,transport,
<br /> storage. recycling treatment, or disposal of Customer's waste is conducted in reliance upon Customcr's compliance with these :a%vs
<br /> and regulations,including without limitation.Customer's proper characterization of its wastes.
<br /> Customer hereby understands and acknowledges that CleanTech intends to recycle Customer's used ail into a valuable prod-
<br /> uct and consistent with applicable law,may commingle Customer's used oil with oil from other generators in transport trucks
<br /> and/or storage taroks proper to any sampling of such used oil by CleanTech for the purpose of facilitating this recycling activ-
<br /> ity, Customer agrees that Customer shall be responsible for any and all damages, including, without limitation, the oast of
<br /> cleaning equipment and disposing of commingled led Feedstoack,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 indenurify. 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 at'torney's fees,consulting fees),response and disposal coasts,penalties,flues.and
<br /> punitive damages (collectively "Liabilities"), whether in resi ct to death. personal injury, property damage, cleanup and
<br /> removal expertise,cost recovery,contribution or otherwise,arising out of or in connection with Customer's breach of any rep-
<br /> resentation,warranty or covenant set forth herein or Customer's handling,use,generation.characterization,storage, treat-
<br /> anent or other management,transportation,or remediation of its waste.,except to the extent that with 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 be entitled to recover rea-
<br /> sonable attorney's lees and related expenses.including arbitration and court ants.
<br /> If CleanTech employees arrive on-site and cannot perform work due to causes beyond CleunTech's control. standby fees will b
<br /> charged at Cleantech's normal billing rate.
<br /> If any action at law or in equity,including an action for declaratory relief, is hrought to eltforce or interpret any provision cif the work
<br /> order or invoice,the prevailing party shall be entitled to recover attorney's fees and related expenses, in addition to any other relief to
<br /> which that party may be entitled.
<br /> If I am a large quantity generator. 1 certify that I have: a program in place to reduce the volume and toxicity of waste generated to the;
<br /> degree I have determined to be economically practicable and fhat I have selected the practicable method of treatment,storage.or dis-
<br /> posal currently available to ine which minimizes the present anis future treat to huinaan health and the environment-,OR.if I ani a small
<br /> quantity generator. I have made a gotxl faith effort to minimize my waste generation and select the best "taste management method
<br /> that is available to me and that l can afford.
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