|
ENV&NMENTAL SERVICES AGREENOT
<br /> 1. n^finitions: The term 'Work' means the completion of the Work described on of any first-aid facilities to Supplier's employees or out of the failure to furnish such
<br /> Si A attached hereto, plus the furnishing of all services, equipment and materials facilities.
<br /> necessary to complete it. The term'Supplier'means the party to this Agreement agreeing
<br /> to furnish the services,equipment and materials necessary to perform the Work. The term 9. Indemnity:a)Supplier agrees to indemnify,defend and hold Owner(including officers,
<br /> 'or equal'in all contract documents shall mean'or OwOr approved equal'. directors,owners,employees,agents, affiliates, and customers of Owner),harmless from
<br /> and against any and all liabilities, claims, costs, losses, damages or other expenses
<br /> 2. Agreement: This Agreement sets forth the entire!Agreement between Supplier and (including without limitation, reasonable legal expenses and settlement costs) which
<br /> Owner, and no terns, conditions, understanding, or agreement purporting to modify or Owner may hereafter incur, become responsible for or pay out as a result of death or
<br /> vary the terms of this Agreement shall be binding unless hereafter made in writing and bodily injuries to any person,damage to any property,contamination of or adverse effects
<br /> signed by Supplier and Owner. All documents listed as attachments on Schedule A shall on the environment,or any violation of laws or regulations,caused in whole or in part,by a
<br /> be incorporated into this Agreement; however, in the event of any conflict between breach of any of Supplier's warranties or by any act or omission of Supplier, its
<br /> attachments and the terms and conditions of this Agreement,the terms and conditions of employees, agents or contractors in the performance of this Agreement, except where
<br /> this Agreement as expressly stated herein will take pre*ence. All documents,drawings, such death, bodily injury or property damage was caused by Owner under the
<br /> plans,specifications,and data prepared by Supplier in 1he performance of the Work shall circumstances set forth in Section 9(b)below.
<br /> become the property of the Owner.
<br /> b)Owner agrees to indemnify,defend and hold Supplier(including officers,directors, owners,
<br /> 3. Contract TimelTerm of Agreement: Supplier shall complete all the Work within the employees,agents and affiliates of Supplier,harmless from and against any and all liabilities,
<br /> time (the Contract Time) specified. The term of this' Agreement shall end upon final claims,costs,losses,damages or other expenses(including without limitation,reasonable legal
<br /> acceptance of the Work defined herein. Suppliers obligations under Sections 7,8,9, 14, expenses and settlement costs)which Supplier may hereafter incur,become responsible for or
<br /> 16, 17&20 are continuing in nature and shall survive beyond the term of this Agreement. pay out as a result of death or bodily injuries to any person, damage to any property,
<br /> contamination of or adverse effects on the environment,or any violation of laws or regulations,
<br /> 4. Contract Price: The price (the Contract Price) shall be the amount as set forth on caused by 01 any sole negligence or wilful misconduct of Owner in the performance of this
<br /> Schedule A to this Agreement. Agreement; or (ii) the delivery of non-conforming Waste Material that has been properly
<br /> handled and rejected by Supplier in accordance with Section 3 of this Agreement.
<br /> 5. Assignments:Supplier shall not assign this Agreement or any portion thereof without
<br /> receiving the prior written approval of Owner. Any attempted assignment in violation of c)Supplier's indemnification of Owner is intended to include all burdens and responsibilities
<br /> this Section shall be null and void. Subcontracts for Work on Owner's property shall be associated with Owner's and Owner's customers'status as owner,generator or transporter
<br /> submitted to Owner for approval. that may be imposed on Owner and Owners customers as a result of governmental laws,rides,
<br /> regulations or administrative orders including,but not limited to,governmental and private cost
<br /> 6., les: This Agreement may be amended, altered, or changed only by a written recovery and contribution actions under the Comprehensive Envirommernal Response,
<br /> Worp , —fective Change ('WDC') or Change Order ('CO') to be provided to Suppler by Compensation and Liability Act, and the Resource Conservation and Recovery Act, as
<br /> Owner. The WDC shall be issued on or after the effective pate of this Agreement and shall amended.
<br />—be signed by Owner,ordering an addition, deletion, or revision in the Work, or responding
<br /> to differing or unforeseen physical conditions under which the Work is to be performed. A 10. Limitation of Liability:Notwithstanding any other provisions contained herein,in no event
<br />—WDC may not change the Contract Price or Contract Time, but is evidence that Supplier will Owner be responsible for any incidental,indirect or consequential damages(including loss
<br /> and Owner expect that the change directed or documented by a WDC will be incorporated of profits)incurred by Supplier or any third party as a result of Owner's performance or noo-
<br /> n a subsequently issued CO following determination by the Supplier and Owner as to the performance of this Agreement.
<br /> appropriate equitable adjustment, if any, to be made to the Contract Price and Contract
<br /> 'ime, 11. Independence: Supplier is an independent entity and not an employee, Agent, or
<br /> partner of Owner.
<br /> Confidential Information:Supplier shall treat as Owners confidential property and not
<br /> se or disclose to other persons during or subsequent to the term of this Agreement, 12. Insurance:Supplier shall obtain and maintain at its expense these minimum limits of
<br /> xcept as is necessary in the performance of this Agreement, any information regarding occurrence-based insurance coverage for the duration of the Agreement:
<br /> wner's plans, programs,plants, sites,processes,products,cost,equipment, operations,
<br /> r customers which may come within the knowledge or which may be developed by Type of Coverage Minimum Limits of Coverage
<br />—upplier or its employees in performance hereunder. This provision shall not prevent A. Worker's Comp.—Coverage A Statutory
<br /> upplier from using or disclosing to others information which Supplier can show: a) has Employer's Liability—Coverage B $1,000,000
<br /> come part of the public domain other than by breach of this Section; b) has been B. Comprehensive General Liability(including
<br /> rnished to Supplier by third parties as a matter of right and without restriction on Contractual Liability and Completed Operations)
<br /> sclosure or use;or c)which was in Supplier's possession at the time it entered into this Bodily Injury and Property Damage $2,000,000 each occurrence
<br />--yreement. Combined Single Limit $2,000,000 aggregate
<br /> C. Comprehensive Automobile Liability
<br /> Health and Safety: Supplier shall be responsible for initiating, maintaining, and (Owned,Hired,and Non-owned Vehicles) $2,000,000 each person
<br /> ervising all safety precautions and programs for the employees, subcontractors, Bodily Injury and Property Damage $2,000,000 each accident
<br /> ndors,and other persons in connection with the Work. Supplier and its employees shall Combined Single limit $2,000,000 each occurrence
<br /> familiar with Owner's site specific Safety and Health Rules and must sign the Owner's D. Pollution Legal Liability $2,000,000 per loss
<br /> ontractor Safety Declaration'before working at the site. Owner shall incur no liability
<br /> Supplier hereby agrees to indemnify Owner against any causes ofaction, claim,
<br /> .r cost, including attorney's fees,arising in whole o in part out of the furnishing
<br />
|