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TANKNOLOGY INC
<br />SERVICE AGAMENT: STANDARD TERM.
<br />S ANSONDITIONS
<br />1) Construction and Legal Effect. Tanknology's performance under this Agreement is limited to and Expressly made conditional on Customer's assent to the
<br />typed, handwritten and printed Terms and Conditions on the face and reverse side of this Service Agreement, all of which form a part of and supersede and reject
<br />all prior writings, representations and negotiations with respect to the services to be performed by Tanknology, and any conflicting terms and conditions of
<br />Customer.
<br />2) Scope of Work. Tanknology Inc. ("Tanknology") agrees to provide services ("Services") as specified on the reverse side of this Agreement. Customer agrees to
<br />pay for these services at the price(s) specified in the most current contract between Tanknology and Customer. Tanknology will perform the Services in a
<br />professional and workmanlike fashion, using one of its processes ("Process") appropriate for the job contemplated hereunder, which exceeds applicable legal or
<br />industry association minimum performance requirements and criteria. Except as otherwise specified, Tanknology will provide all equipment and labor necessary
<br />to perform the Services.
<br />3) Report. After completion of Scope of Work, a written report indicating results of Services or other pertinent information relating to the tank's condition will be
<br />issued to the Customer. No reports or other information concerning the tank's condition shall be given to anyone other than the Customer unless so requested by
<br />the Customer or required by law.
<br />4) Payment. All amounts payable hereunder are due thirty (30) days from the date of the invoice. A finance charge will be imposed at an annual percentage rate
<br />equal to the lower of (i) 18% or (ii) the highest.interest rate allowed by applicable law, and will accrue from the due date until paid. Customer agrees to pay, in
<br />addition to the service charges shown on the reverse, all sales taxes, use taxes, and any other fees or taxes levied by state or municipality upon services or goods
<br />supplied by Tanknology (except taxes based upon net income to Tanknology). Customer shall reimburse Tanknology for all reasonable expenses and legal fees
<br />incurred in collecting payment.
<br />5) Access and Rights -of -Way. Customer grants to Tanknology the right of ingress and egress to its premises and agrees to provide to Tanknology clear access for
<br />Tanknology to carry out the Services. Customer warrants that any right-of-way provided by Customer or used by Tanknology from the piping and storage tank
<br />location(s) to the most convenient pay way is sufficient to bear the weight of all equipment and vehicles required to perform the Services. Tanknology shall not
<br />be responsible for damage caused to any private pavement, or for subsurface disturbances, or for damage of any route used to perform the Services.
<br />6) Storage Tanks and Piping. Tanknology is not obligated to test any piping or storage tank(s) not capable of being tested using the Process. Customer warrants
<br />that the information provided by Customer set forth on the reverse side of this Agreement and in the specifications called for below is accurate. Customer also
<br />warrants that the piping and storage tank(s) will not be damaged by the application of a positive or negative pressure of 5 psi or less. Customer will provide
<br />Tanknology with specifications (schematics, engineering drawings, and plot plans) detailing all piping, tanks, tank hardware (including vapor recovery, valves,
<br />pumps, and other such equipment) at such service location.
<br />7) Liabilities and Hold Harmless. Customer shall indemnify, hold harmless and defend Tanknology from all claims, demands, causes of action, liability, loss,
<br />damage and expense (including, without limitation, attorneys' fees and other expenses incurred in connection with and in preparation for litigation or other legal
<br />proceedings) arising from damage to or loss of property of any kind, whether property of Customer, Tanknology or third persons, or from injury to or death of any
<br />and all persons whomsoever, including, without limitation, employees of Customer, employees of Tanknology, and third persons, and incurred in connection with
<br />any Services provided hereunder (whether occurring before, during or after any Services) and whether or not due in whole or in part to Tanknology's negligence
<br />(ordinary or gross), including, without limitation:
<br />a) damage to or loss of the tank(s) and piping tested, including damage caused by the application of a negative or positive pressure to the tank(s) and piping;
<br />b) loss of product stored at the location (during, after or as a result of the Services performed hereunder);
<br />c) pollution damages resulting from leaks of products from the tank(s) or piping tested (during, after or as a result of the Services);
<br />d) loss, damage, or destruction to Tanknology's property or equipment resulting from the Services conducted hereunder.
<br />To the extent permitted by present or future applicable law, in the event of any claim by Customer against Tanknology for breach of contract, breach of warranty,
<br />express or implied, or violations of the Texas Deceptive Trade Practices Act, or other act or omission for which Tanknology may be liable to Customer, including,
<br />without limitation, any alleged tort arising from this Agreement, the amount of actual damages, if any, shall not exceed an amount equal to the sum of all charges
<br />made by Tanknology to Customer hereunder.
<br />8) Default and Remedies. Neither party shall be in default hereunder if nonperformance is due to delays or circumstances beyond the party's control, including but
<br />not limited to compliance with any Federal, State or local law, rule or regulation, acts of God, fires, storms, work stoppages or delays, strikes or other labor
<br />disputes, transportation embargoes or delays, or inability to obtain materials, labor, equipment, transportation, electricity, gas or oil, or fuel to power vehicles or
<br />equipment, provided that events beyond Customer's control shall not excuse Customer from making payment for services rendered by Tanknology hereunder.
<br />Tanknology shall be in default only if it fails to cure any breach of its obligations hereunder as promptly as reasonably possible after receiving written notice of
<br />the breach from Customer.
<br />9) Non -Waiver. No waiver of any breach of this Agreement shall be deemed a waiver of a later breach of similar or like nature.
<br />10) Compliance With Laws and Regulations. Tanknology's performance of the services will comply unless exempt with all applicable federal, state and local laws,
<br />rules, regulations and orders.
<br />11) Assignment. The rights and obligations of Customer under this Service Agreement may not be assigned without the prior written consent of Tanknology, which
<br />consent shall not be unreasonably withheld. In the event of an assignment, the Customer's obligations under this Service Agreement shall be binding upon
<br />Customer's heirs, successors, assigns, executors, administrators, and legal representatives.
<br />12) Miscellaneous. This Agreement (i) is the entire agreement of the parties and binds them, their heirs, successors, and assigns and (ii) may be modified only by a
<br />written instrument signed by both parties. The titles to the sections of the Agreement have been assigned for convenience only, and shall not limit, define, or affect
<br />the substantive terms. Time is of the essence regarding this Agreement and its notice provisions. No representations or warranties have been made by
<br />Tanknology except as may be expressly set forth herein.
<br />13) Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
<br />Customer's attention is directed to Tanknology's typed, handwritten and printed terms and conditions on the face and reverse side of this Agreement which
<br />shall govern the parties' rights and obligations under this Agreement unless there is a master agreement between the parties, in which event the master
<br />agreement shall govern.
<br />Tanknology Inc. Revised 03-23-2007
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