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DocuSign Envelope ID:138A57E1-7405-4COE-8737-49EEH89831EF CleanEarthe NOTWITHSTANDING ANYTHING TOTHE CONTRARY,NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR INDIRECT.EXEMPLARY, PUNITIVE,SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES,OR FOR LOST PROFITS OR BUSINESS OPPORTUNITIES OR THE COST OF PROCUREMENT OF SUBSTITUTE ITEMS OR SERVICES,UNDER ANY LEGAL THEORY. I f.Indemnification,Attomey Fees&Collection Costs.Customer shall indemnify,defend and hold harmless Clean Earth and its parents, subsidiaries.affiliates,successors and assigns,and each of their respective shareholders,members,officers,and directors,from all losses liabilities,damages,claims,penalties.fees,expenses,judgments and costs[including reasonable attorney's fees and costs)(collectively, `Damages'),resulting from Customer's actual or threatened breach of this Agfeement or its negligence or willful misconduct.Customer shall be responsible for all costs of col€ection hereunder,including reasonable attomey fees and court costs, 12 Miscellaneous.This Agreement shall be governed by,construed and enforced in accordance vtrith the lays of the State in which the Services are rendered,without regard to the conflict of laws principles thereof.The failure of either party to insist upon the performance of any provision of this Agreement,or to exercise any right or privilege granted to that patty under this Agreement,will not be construed as waiving that provision or any other provision,and the provision will continue in full force and effect If any provision is found to be itlega1,invalid,or otherwise unenforceable by arty judicial or administrative body,the other provisions will not be affected and will remain in full force and effect Provisions herein%vhich by their very nature are intended to survive termination or cancellation of this Agreement will survive 5uch termination or cancellation,including without limitation Paragraphs 10 and 11.Any notices to be given by one party to the other hereunder shall be sent by'Certified Mail,Return Receipt Requested'or overnight courier to the parties at its location identified at the beginning of this Agreement This Agreement may be signed on counterparts which together shall fort one and the same Agreement_ This Agreement may bre signed and delivered by electronic signature and shall have the same force as signed manualty. The parties intersefing to be legally bound,do hereby execute this Agreement as of the date below and represent that the individuals executing this Agreement have the authority to bind their respective entities. Between: Clean Earth Environmental Solutions, Inc. And: Dirt Movers, INC. Do W9 d by: 0 f d by; Signature � TWA" SignatureE s Aetvi� A�9949iG883D4F9... 3DE786710D054A3... Name Darshan Thakkar Name Claudia Rodriguez Title 5Q Rep Title office Manager Date; 07/30/20 l 12:28 PM PDT Date: 07/30/20 1 11:41 AM PDT Cleanl=arthe GCNME1i17r/H. Page 5 of 5 Clean Earth-Quote with MSA Template-V11_07.20.2020 rise prices quoted shall be treated as tonfdentlal property and may not be disclosed to Others before,during,or subsequent to the terms of this proposal.except m required by law or as necessary to perform the subsequent Agreement that may be signed fand then only on a canfidenval basis satisfactory to both oartme;.