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7-11-1997 10 : 01 AM FROM I E S 5182613843 P.3
<br />in addition, in the event Customer fails to a IES an amounts due hereunder, or otherwise tails to perform under this Agreement, a
<br />pay y g �•�fers such matter
<br />to an attorney, Customer agrees to pay, in addition to other amaunts adjudged due, any and All costs incurred by IES as a result of such la iwaftcluding costa
<br />__. of court and, to the extent permitted by law, reasonable attorney's fees. The provisions of articles X and XII shall service the te(mint�on cfl this Agreement
<br />§ without regard for the reason of termination. Such termination shalt not alter of effect the contfn6;rg rights and obligations of the partles: Created by those
<br />articles. re..
<br />•IVTERMS OF DELIVERY
<br />Customer is solely responsible for property and lawfully packaging and storing Medical Waste in accordance with the Medical Waste Management Ad, IES
<br />shall make available suitable containers far the transportation and disposal of Medical Waste. IES shall rave this right, but -not the obligation, to inspect, sample,
<br />analyze or test any tendered Medical Waste before accepting said Medical Waste. Title to thelNlAeal'V 9!6 shall transfer to, IES at the time iES accepts and
<br />takes possession and control of the Medical Waste. if Customer is scheduled for a couenon and that collection is not needed, Customer mutt glye les forty-
<br />eight (48) hours, notice to cancel the scheduled pickup, if cancellation notice is not received. Customer w;> be charged a minimum prokup jee'assta"tedin this
<br />Service Contract. The minimum pickup fee will also be charged when, after waiting a reasonable period of time, Customer's medical waste is'not accessible for
<br />pick up.
<br />V NONCONFORMING MATERIALS
<br />IES may, at its exclusive option, refuse to remove from Customer's facility, or return to Customer within a reasonable time after removal, all or any part of the
<br />Medical Wastes tendered by Customer to IES, if IES in its sole discretion determines that such methal is.nyI.M9dicat Waste.'dnyzpntainetr which is leaking,
<br />improperly sealed, or Otherwise found to be a safety hazard may be repackaged at Customer's expense_ Additionally, Customer shafl'tender wastes to IES in
<br />comainera which shall not exceed forty (40) pounds in weight after packaging. IES reser 4s the right to charge an overweight penalty on containers which arc.,
<br />in excess of this weight. IES shall nobly Customer accordingly of any nonconforming conte#nets and c.Orrespondfng additional cherges�
<br />VI BILLINGS AND PAYMENTS
<br />IES shall bill Customer monthly. Invoice shaft detail pick-ups made, quantities of materials accepted for disposal and supplies purchased. All invoices shall be
<br />due and payable upon receipt and any charges not paid within thirty (30) days after the date of original invoice shail be subject to a charge from such date until
<br />paid at a rate aqual to the !esser of 1.30% oer month or the maximum rate permitted by law.
<br />Vii RATE ADJUST JZNTS
<br />IES reserves the right to adjust the rates hereunder to fully cover pro rata increases in fuel; insurances and iesldtFe disposal costs. and increases in costs
<br />resulting from changes in regulatory regwiremerits or guide lines or the enforcement thereof, IES may adjust the rates from time to tonlie for other reasons, but
<br />any such other adjustment'to the extend such adjustment results in a Percantag? iricraasa greater than tfie percentage increase in the local (or if none.'U.S.
<br />City Average') Consumer Price index for Urban Consumers (al! items) ptiblishea by the United States Department of Labor. Bureau of Labor Statistics since the
<br />date of the last such adjustment (or since the cats of execution of this Agreement in the case of the first such adjustment), shall be subject to Customer's
<br />approval upon thirty (30) days notice from IES prior to the effective date of -the adjustment
<br />Vill LIABILITY FOR EQUIPMENT
<br />Customer acknowledges that it has the care, custody, and control of containers and other equipment owned by IES And accepts responsibility and liability for
<br />the equipment and As contents except when it is being physically handled by employees of IES. Upon termination of services, Customer agrees to returnto IES
<br />all containers and equipmient owned by tES. Customer agrees to reimburse IES for any containers or equipment not accounted for upon termination of service.
<br />1X INSURANCE
<br />IES and Customer shalt procure and maintain the following insurance coverages and limits for the duration and purpose of this Agreement. Worker's Comlpen-
<br />sabon - Stawrorv; Employers Liability • $,,00,000 each occurrence-, Comorehensive General Liability (including Contractual Liabilitv) -S1,000.000 each occur-
<br />rence combined sing!? limit: Corhprehensiv-a Automobile Oabilify (IES only` ""' '."^ 11 r combined since-. i;t,t:e. _ ,.; ;.)1?nlol ir;oz; �,•
<br />Liability Insurance (IES cnty) ;.as required by applicable law of regulation. To the extent cermitted by taw, the above insurance requirements may be met, in
<br />whole or in part, by a plan of s�If=rnsurance.lES 2nd C7usiomer agree to furnish the other, upon request, certificates of insurance attesting to the insurance
<br />coverages and limits above.
<br />X INDEMNITY
<br />IES will indemnify and hold Customer harmless from any and all loss, damages, suits. penalties, costs, liabilities and expenses (including, but h6i' llmrted b.
<br />reasonable investigation and legal expenses) arising out of any claim for loss or damage to property, including Customer's property, and injuries to or death of
<br />persons, including Customer's employees. caused by or resulting from TES's negligence-or'willfuf misconduct or IES's broach of this Service Contract. Cus-
<br />tomer hereby agrees to indemnify and hots IES harmless from any and all loss, damages, suits, penalties, costs, liabilities and expenses (including, but not
<br />limited to, reasonable investigation and -"at expenses) arising out of Any claim for loss of or damage to property, including iES's property, and injuries to or
<br />death of prisons, including IES s employees, (i) caused by or resulting from Custerner s negligence or willful misconduct: or (i) caused by or resulting from
<br />Curt, minr'., r0 !c9it 10 16S of wAch? ;Vet r 'htua Medical Waste or any other breach of ih?a Servic9 Contract by Customer.
<br />XI FORCE MAJEURE
<br />Except for the obligiihon to pay for services rendered, neither party hereto shall be liable for its failure to perform hereunder; In whote or In part. due to
<br />contingencies beyond its reasonable control, including, but not limited to, strikes, riots, war, tire, acts of God, injunction, compliance with any law, regulation,
<br />guideline or order of any govemmenial body or any instrumentality thereof, whether existing or hereafter created.
<br />:CII COMPLIANCE WiTH LAW AND RECORD KEEPING
<br />In thio al ,all ; erviCu, to bii prpvided fimoundor, IES and Custortwr agree to compty with Al applicabio pewits, till applicable fadaral, state, county
<br />and municipal Daws Ind ordinancos and 111 iFtwtul orders, ruins, regulations and guidelln;�s Many duly constittrted authority, including but not flmited to, social
<br />Security anal income tsar withholding laws, unemplryntrnt compensation bawc, anvirooweot,al. sofsty nod health laws and manifesting requirements.
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