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parts washer solvent; paint thinners, solvents and paints generated by <br /> customer; or dry cleaning falter cartridges, powder, and still <br /> residues containing perchloroethylene, petroleum naphtha, or <br /> triflurotrichioroethane dry cleaning solvents. Customer agrees that it <br /> is responsible for properly classifying its waste streams as Used oil <br /> or Nonhazardous Waste in accordance with the provision of 40 CFR <br /> 262.11 and applicable state laws. Customer agrees that it will not <br /> introduce any non-conforming substance into the SK Property, <br /> including, without limitation, any hazardous waste or hazardous waste <br /> constituent, {i.e., polychlorinated biphenyls {"PCBs"}, herbicides, <br /> pesticides, dioxins, or listed hazardous wastes) except to the extent <br /> such introduction is incidental to the normal use of the SK Property. <br /> In the event of the introduction of such non-conforming hazardous <br /> waste, Customer agrees that it will be responsible for all costs and <br /> remediation expenses related to or arising from the proper management <br /> and disposal of the non-conforming waste, including the cost of <br /> equipment decontamination and subsequent disposal. Final invoicing <br /> will be based on the actual services provided, which may include <br /> additional charges for off specification waste and surcharges. Final <br /> invoice amount may be more than the amount listed on the printed <br /> receipt. If any legal action is commenced because of an alleged <br /> dispute, breach, default or misrepresentation, the Customer also <br /> agrees that the prevailing party will be entitled to recover <br /> reasonable attorney's fees and costs associated with the <br /> non-conforming contamination event. Safety-K1een'8 failure to screen <br /> Customer's material or take a retain sample, in no way constitutes a <br /> waiver of Customer's obligation to properly classify its materials. <br /> Safety-Kleen relies on Customer's representations and Customer is <br /> responsible For informing Safety-Kleen of any process changes that may <br /> alter the characteristics of the materials provided. IN THE EVENT OF <br /> AN EMERGENCY CALL **24-HR NUMBER** 1-800-468--1760 (Safety-Kleen) <br /> I have established a program to reduce the volume or quantity and <br /> toxicity of the hazardous waste to the degree to be economically <br /> practicable, <br /> Signature <br /> CUSTOMER / GENERATOR: Diesel Direct West Inc john <br /> w <br /> Signature <br /> TRANSPORTER; Joseph R Lima Jr <br />