|
08/04/95 10:03 FAX 209 ARE 1067 FORWARD INC. 1005%005
<br /> Element
<br /> t r:
<br /> Antimony h b< N <^
<br /> Amcnic Mo 13
<br /> Barium a
<br /> Beryllium(Be)
<br /> Cadmium Cd
<br /> Chromium r
<br /> HigaV
<br /> cobalt
<br /> Cooper u
<br /> MercuryN
<br /> Molybdenum o
<br /> Nickel i
<br /> Selenium a
<br /> Silver
<br /> Thallium 1
<br /> Vanadium 1
<br /> Zinc(Zn)
<br /> E.TERMS AND CONOMONS ,
<br /> The below named generator(Generator)agrees to the following terms and conditions(Terms and Conditions)for treatment and/or disposal of waste .
<br /> at the Forward,Inc,(Forward)Landfill.
<br /> 1. Generator warrants that the above,attached,and any other submitted waste profile information is complete and accurate and that none of the
<br /> waste is hazardous as defined or listed in 40 CFR Part 261 or Title 22 of the California Code of Regulations,with the exception of asbestos properly
<br /> described above. If any portion of this waste,other than asbestos properly described above,is determined to be hazardous(Hazardous Waste)
<br /> according to any of the above mentioned regulations,each party shall promptly notify the other in writing upon learning of such determination.
<br /> Within 10 days after receiving such written notification,Generator at its sole cost shall remove from the Forward Landfill,transport,and dispose off-
<br /> site such Hazardous Waste in accordance with applicable laws and regulations. If Generator fails to remove such Hazardous Waste,Forward may do
<br /> so at its option,at Generator's sole cost Within 30 days after such removal operation is complete,Forward shall refund treatment/disposal fees previ-
<br /> ously paid concerning the Hazardous Waste,less 50 percent of disposal fee handling charge plus right of offset for losses and costs incurred respect-
<br /> ing such Hazardous Waste(such offset right shall not limit Forward's other rights of recovery).
<br /> 2. Generator agrees that,in the event Generator,its consultant or its contractor learns that constituents,characteristics,or concentrations regarding
<br /> the waste vary from those set forth in this waste profile or on any attached or submitted documents,Generator will immediately submit a corrected
<br /> Waste Profile Form.
<br /> 3. Generator warrants that any asbestos delivered to the Forward Landfill has been properly described above and will be prepared for transportation
<br /> to and disposal at the Forward Landfill in compliance with applicable regulatory requirements.
<br /> 4. Generator shall indemnify,defend,and hold harmless Forward,its affiliates,and their successors and assigns,and their respective officers,direc-
<br /> tors.
<br /> irecttors,employees,agents,and representatives against any and all claims,orders,liabilities,judgments,actions,liens,regulatory directives.fees,costs
<br /> (including attorneys',experts'and consultants'fees and costs),penalties,fines,taxes,and liens(collectively,Liabilities),to the extent arising from:a
<br /> breach of any warranty or obligation of Generator hereunder;non-compliance with applicable lawshrguladons,or negligence,or willful misconduct
<br /> regarding the waste,caused by Generator,its consultants or contractors,or their respective employees,agents,representative or subcontractors;or
<br /> any or all of Generator's waste which is Hazardous Waste.
<br /> 5. Forward shall indemnify,defend and hold harmless Generator,its affiliates,and their successors and assigns,and their respective officers,direc-
<br /> tors,employees,agents and representatives against any and all Liabilities,to the extent arising from non-compliance with applicable laws/regula-
<br /> tions,or negligence,or willful misconduct regarding the waste(not including Hazardous Waste),caused by Forward,its consultants,or contractors,
<br /> or their respective employees,agents,representatives or subcontractors.
<br /> 6. The Landfill must be notified no less than 24 hours in advance for waste deliveries. The Landfill's operating hours are from 7:00 a.m.to 4:00 p.tn-
<br /> Monday through Friday. Arrangements can be made to extend the Landfill's hours.No waste will be accepted when weather or Landfill
<br /> conditionslactivides impair deliveries,handling or disposal.Generator acknowledges dist Forward's acceptance of waste is subject to regulatory
<br /> requirements,and that Forward shall have no liability for inability to accept waste due to regulatory requirements or restrictions,regardless of cause.
<br /> 7. No waste will be accepted by Forward until Forward has received a completed Waste Profile Form,has issued an approval number,and has
<br /> received a signed Payment Terms Contract.Forward,can accept additional waste from Generator which is related to the waste stream or waste
<br /> removal job described in Sections A-t)above but which was not previously approved for acceptance(Additional Waste).These Terms and
<br /> Conditions shall apply to Additional Waste,except Additional Waste for which Forward requires submission of a separate signed Waste
<br /> Profile Form-
<br /> 8. California Law shall govern these Terms and Conditions. If any action or proceeding arises regarding a claim conccming these Terms and
<br /> Conditions or is brought to enforce or interpret these Terms and Conditions the prevailing party shall be entitled to recover its attorneys'and experts'
<br /> fees and costs,whether or not prosecuted to judgment
<br /> THE GENERATOR ACKNOWLEDGES THAT IT HAS READ.AND UNDERSTOOD THE PRECEDING TERMS AND
<br /> CONDITIONS AND AGREES TO THE SAME,AND THE PERSON SIGNING BELOW WARRANTS THAT EMOM IS
<br /> AUTHORIZED TO SIGN FOR THE GENERATOR- /15
<br /> Generator Name: f oS a POti� �"•(' J; L�
<br /> By(Print Name): E:�Gt 4A D . f � �i Title: �✓�o�i�+�/1/;/mac � /.4/' �U�/I v� <
<br /> Signature: te: cS�/ �93`
<br />
|