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CleanTech Environmental, Inc. ("CleanTech") hereby notifies Customer that numerous haws and regulations may apply to
<br /> Customer's handling of its waste, including, without limitation, the requirement,, of Article 13 of Chapter 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 Caste of
<br /> Regulations (CCR) Sections 66262.1-6€1-62. 70,and that it is solely Customer's responsibility 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 assumes
<br /> Customer's responsibilities or obligations as generator of such waste or any liabilities attendant thereto. Any advice or guidance pro-
<br /> vided to Customer by any CleanTech representative is intended solely to assist Cusioiner's general understanding of applicable laws
<br /> and regulations governing the collection Services provided by CleanTech pursumt to this contract,should not be relied upon by cus-
<br /> torner iia snaking management decisions,and shall not give rise to any liability on the part of CleanTec;h. Customer should direct reg-
<br /> ulatory advice questions to its own attorney or qualified professional.
<br /> Customer representx and warrants that it is in compliance with all applicable laws and regulations regarding the generaition,handling.
<br /> rind storage of all wastes provided to CleanTech. Customer further represents and warrants that all waste tendered to CleanTech meets
<br /> the definition of"used oil" pursuant to California 11 & SC 25?50.1 or in the alternative.Inas been properly characterized pursuant to
<br /> 22 CCR.,66262.11 Lind identified to Ciea nTech. Customer warrants that used oil contains less than J,t?00 ppin halogens. less than 5
<br /> PPM-polychlorinated biphenyl compounds (PCBs),and h<is a flash point greater than IM 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. CleanTech hereby notifies Customer that CleanTech's handling,manifesting,transport,
<br /> storage. recycling treatment, or disposal of Customer's waste is conducted in reliance upon Customer's compliance with these laws
<br /> and regtilations,including without limita€ion.Customer's proper chatacterization of its wastes.
<br /> Customer hereby understands and acknowledges that Ciea.r Tech intends to recycle Customer's used rail into oa valuable prod-
<br /> uct and consistent with applicable lawn,may commingle Customer's used oil with oil frons other generators in transport trucks
<br /> and/or storage tanks 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 litnitation,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 reader 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,fines,and
<br /> punitive damages (collectively "Liabilities' , whether in respect to death, personal injury, property damage, cleanup arid
<br /> removal expense,cost recovery,contribution or otherwise,arising out of or in connection 3vith Customer's breach of any rep-
<br /> resentation,warranty or covenant set fortis herein or Customer's handling,ctse,generation,characterization,storage,treat-
<br /> ment or other management,transportation,or remediation of its wastes,except to the extent that such liabilities were causer]
<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 entitles] to recover rea-
<br /> sonable attorney's fees and retated expenses.including arbitration and court costs.
<br /> If CleanTech employees arrive on-site and cantiot perform work due to causes beyond CleanTech's control, staivdby fees will be
<br /> charged at Cleantech's normal billing rate.
<br /> 3.f any action at lawn or in equity,including an action for declaratory rc,licf,is brought to enforce or interpret any provision of 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 1 am a large quantity generator,1 certify tlwat I have a program in plaice to reduce the volume and toxicity of waste generated to the
<br /> degree i have deiermined to be economically practicable and that I have selected the practicable meihod of treatment,storage.or dis-
<br /> posal currently available to Inc which minimizes the present and future treat to human health and the environment;OR.if I aria a small
<br /> quantity generator,I have made a good faith effort to minimite my waste generation and Select the best waste management method
<br /> that is available to me and that I caai afford.
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