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CleanTech Environmental, Inc. ("CleanTech") hereby notifies Customer [fiat numerous laws and regulations may apply to
<br /> Customer's handling of its waste, includ€ng. without limitation, the requirements of Article 13 of Chapter 6,5 of Division 1 of the
<br /> Caiifomia Health and Safety cede (H&SC) Section 25250-25250.25 and Chapter 12 of division 4.5 Title 22 of the California Cade of
<br /> Regulations (CCR) Sections 66252.1-66262. 70,and that it is solely Customer's responsibility to identity and comply with any such
<br /> requirements iia storing and handling its waste, In collecting and manifesti€ig Customer's wastes CleanTech in no way wmt nes
<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 Customer's general understanding of applicable laws
<br /> and regulations governing the collection services provided by CleanTech pursaaaarat to this contract,should not be relied upon by cus-
<br /> tomer in making management decisions,and shall not give rise to any liability can the part of CleanTech. Customer should direct reg-
<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 regulations regarding the generation,handling,
<br /> and storage of all wastes provided to CleanTech. Customer further represents Auld ,varrants that all waste tendered to CleanTech meets
<br /> the definition of"used oil" pursuant to California H &: 5C 25250.1 or in the alternative,has been properly characterized pursuant to
<br /> 22 CCI(,66262-11 nand identified to CleanTech. Customer warrants that used oil contains less than 1,01)1) ppan halogens. less than 5
<br /> PPM-polychlorinated biphenyl compounds (PC-Bs), and has 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 guidelines, or by applying knowledge of the
<br /> waste in light of the process or materials used. CleanTech hereby notifies Customer that C1eanTech's handling.manifesting,transport,
<br /> storage, recycling treatment,or disposal of Customer's waste is conducted in reliance upon Custorner's compliance with these laws
<br /> and regulations,including without litmitatiov,Customer's proper characterization of its wastes.
<br /> Customer hereby understands and acknowledges that CleanTech intends to recycle Cmtomer'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 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 aFkv and all damages, including, raithoui limitation, the cost of
<br /> cleaning equipment and disposing of commingled feedstock.caused by an contaminates in Customer's waste(including,with-
<br /> out timitation,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 indenmify, 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, personal injury, property damage, cleanup and
<br /> removal expense,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 /> 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 be entitled to recover rea-
<br /> sonable attorneys fees and related expenses.including arbitration and court costs.
<br /> If CleanTech employees arrive on-Site and cannot perforin work due to causes beyond CleanTech's control, standby fees will be
<br /> charged at Cleantech's normal billing rate.
<br /> If any action at law or in equity,including an action for declaratory relief,it brought to enforce or interpret any provision of the work
<br /> order or invoice,the prevailing party shall be entitled to recover attorney's Pecs and relined expenses,in addition to any other relief to
<br /> which than party may be entitled.
<br /> If l arta a latae quantity generator, 1.certify €lta.t I have a progt•am in place to reduce the vcaluine and toxicity of waste generated to the
<br /> degree l have determined to be economically practicable and than I have selectee/ the practicable method of treatment,storage,ear dis-
<br /> posatl currently available to the which mininai:-r_es the present and future treat to human health and the environment;OR.if i atm a small
<br /> quantity generator,l have made a good faith effort tet minitnia:e my waste generation and select the belt waste nianagentent ine;thod
<br /> that is availaabl4 to the and that I can afford.
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