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WASTE STREAM SOLUTIONS CALIFORNIA REGULATED MEDIC-4.L WASTE DISP S AND CONDITIONS
<br /> 1. Regulated Medical Waste Services:(a)Waste S utiom California LLC shall coticct transport,treat and di spo regulated Medical Waste(excluding non conforming
<br /> waste)generated by the client generator for the dura of this agreement The responsibility for all Regulated Medical Waste collected from the client shall remain the responsibility
<br /> of the client throughout the transport and disposal process. All responsibilities associated with all waste will remain the responsbiliry of the client at all times.Ail liability associated
<br /> will be that of die client. Regulated medical waste will be accompanied by a completed shipping document required per the medical waste management act and 49 CFR 172.202
<br /> (Manifest). For the purpose of this agreement Regulated Medical Waste will consist ofwaste or reusable material derived or generated from medical treatment of an animal or
<br /> human which includes and diagnosis and immunization,or from biomedical research,which can include production and testing of biological products. Regulated medical waste is
<br /> assigned to UN 3291,except for regulated medical waste containing Category A infections substances,which must be classified as Division 6.2 material described as an infectious
<br /> substance and assigned to UN 2814 or UN2900 as appropriate;Category A materials may not be discarded in the regulated medical waste containers.As defined in 29 CFR 1910.1030
<br /> and all other applicable laws,rules rcguladons and guidelines;trace chemotherapy discarded items which may have been contaminated provide that such items,including but not
<br /> limited to vials and syringes,shall be"eupry"as defined by applicable laws,regulations and guidelines.Pharmaceutical waste(other than pharmaceutical waste defined by Waste
<br /> Stream Solutions California's waste acceptance policy);any device,solutions or waste containing mercury such as dental wastes(amalgam products,amalgam sludge or vacuum
<br /> pumps);improperly segregated,labeled or packaged waste,including sharps not in designated sharp containers,containers that are]caking,damaged or likely to create risk of exposure
<br /> to employees or the general public;any other material which Waste Steam Solutions Califomia may not collect,transport,treat,dispose,destroy or transfer in accordance with
<br /> applicable laws,regulations and guidelines.Client shall be responsible for all injuries,losses and damages that result from any Non-Conforming Waste,due to packaging or contents
<br /> being transported,collected,treated,destroyed or transferred by Waste Stream Solutions California For further explanation or clarification ofwaste and waste streamq accepted by
<br /> Waste Stream Solutions CaliforniaPleage refer to the Waste Stream Solutions California waste acceptance policy.
<br /> 2. Term and Pricing:die term of this agreement shall be48 Months from the effective date(date of execution). This agreement shall renew automatically for successive terms
<br /> equal to the original term of this agreement unless the customer has notified Waste Stream Solutions California in writing at least forty-five(45)days prior to the termination date of
<br /> this agreement and any successive termination dates establish by the automatic renewal of this agreement In the event of cancelation the daze services will terminate one full contract
<br /> tam from the date of cance]arion;the term shall the same as initial term of this agreement in the event this agreement renews automatically,all tents and conditions contained herein
<br /> shall apply to successive contract periods. Waste Stream Solutions California reserves the right to make adjustments to the contract price to compensate for operational changes it
<br /> implements to comply with documented changes in law,to cover increases in the cost of tuel,insurance,labor,or disposal costs,or to otherwise offset cost escalation Waste Stream
<br /> Solutions California may change the price of any of its goods or services not covered by this agreement at any time;Early termination of this agreement by the customer or failure of
<br /> the customer to perform all obligations under this agreement shall afford Waste Stream Solutions California the right to pursue all remedies available at law or in equity to recover
<br /> payments and damages resulting from the customer's early termination or failure to perform under this agreement.Waste Stream Solutions California shall have the right to terminate
<br /> this Agreement at any time by giving Customer at least forty-five(45)days notice in the event that it is unable to perform its obligations under this Agreement due to the suspension,
<br /> revocation,cancellation or termination of any permit required to perform this Agreement or in the event that a change in any law or regulation makes it impractical or uneconomical,in
<br /> Waste Stream Solution California's sole discretion,to continue perforating this Agreement Both parties agree liquidated damages for early termination or failure to perform the
<br /> obligations of this agreement shall be equal to fitly percent of the customer's average monthly charge multiplied by the number of months,(including any partial months),remaining
<br /> until the expiration date of the currant term established under the agreement or by automatic renewaL
<br /> 3. Surcharge:Waste Stream Solutions California maintains the ability to apply a surcharge for any pickups wfrere through no fault of Waste Stream Solutions California related to but not
<br /> limited to an unexpected closure of the office,waste not packaged properly or not ready to be collected or excess amounts of waste which will be billed per the additional pickup and
<br /> additional container charges listed on the service agreement. Pick up times will fall on scheduled days between 9 am.and 5 p.m. Any pick up times not occurring within this time
<br /> frame must be requested in writing by the client a minimum of Utree business days in advance.Missed pickups due to office closure,or other incident where Waste Stream Solutions
<br /> California was unable to fulfill pickup due to fault of the client will be billed a stop charge of$50.00(fifty dollars)or 50%of contracted service smp charge,whichever is greater.
<br /> 4. Billing:Billing will be handled per frequency listed an service agreement. Customer will be responsible for any fees incurred by Waste Stream Solutions California in pursuing
<br /> collection of delinquent accounts including collection fees and attorney fees. Delinquent accounts are subject to initial late fee of$3.3.00 and a 1.8%finance charges per month billed
<br /> on overdue balances.Any balance not paid within 10 days of the due date will be considered delinquent. Returned checks will be assessed a surcharge of 15%of the amount of the check.
<br /> S. Equipment:Client shall be responsible for reasonable maintenance of all Waste Stream Solutions California lifornia property including containers and reusable sharps containers.
<br /> 6. indemnification:Waste Stream Solutions California shall indemnify and hold the Client harmless from any liabilities arising from the negligence or willful misconduct of Waste
<br /> Stream Solutions California in the performance of its obligations under this agreement.Client shall indemnity and hold harmless Waste Stream Solutions California from any liabilities
<br /> arising from the negligence or willful misconduct of the Client,which includes but is not limited to,failure to properly storeacka label or se c ate Re to M .aLWastc and
<br /> any liabilities relating to Non-Conforming Waste,whether or not collected,transported,transferred or treated by Waste Stream Solutions California The client agrees to pay reasonable
<br /> attorney fees for defense requiring legal assistance,litigation or other legal defense in any matter pertaining to an error made by the client in violation of this agreement Waste Stream
<br /> Solutions California's obligation to indemnify the client is contingent upon the following:(1)Customer notifying Waste Stream Solutions California of any inspection pertaining to
<br /> waste and compliance including OSHA inspections as soon as the client becomes aware of such inspections.Client will also allow representatives of Waste Steam Solutions California
<br /> to be present at any inspection and defend against any proposed violations;(2)Client having followed the recommendations of this agreement and other documentation provided by
<br /> Waste Stream Solutions California.
<br /> 7. Compliance with Laws and Regulations:Waste Stream Solutions California agrees to carry Automobile Liability,General Liability,and Workmen's Compensation Insurance as
<br /> required by law.As of the date of this agreement Waste Stream Solutions California has all necessary permits,licenses and other federal and state regulatory authorization to operate a
<br /> business of this nature;all such documentation are available to the Client upon request Allhandling of Regulated Medical Waste will be done in compliance with applicable state and
<br /> federal laws;this includes but is not limited to collection,transfer,treatment and documentation pertaining to the collection,transfer and treatment of Regulated Medical Waste.
<br /> R. Compliance Materials: All compliance materials furnished to the Client by Waste Stream Solutions California are believed to be the most current and informative to date.
<br /> Compliance materials and proprietary usernames and passwords for online compliance material access arc to be used for private use of the Client only and not resold or used
<br /> commercially.Upon early termination of this agreement the Client agrees to return all such compliance materials to Waste Stream Solations California;failing to do so can result in
<br /> being charged for the materials.
<br /> 9. Exclusivity: Client agrees to use no other Regulated Medical Waste disposal company during the duration of this agreement Unless otherwise agreed upon in writing exclusivity
<br /> applies to all leased suits and offices if this contract is for a medical building with multiple tclia»rs.
<br /> 10. Non-performance Waste Stream Solutions California will not be responsible for an intenuprion in service that is not avoidable including but not limited to blockades,riots,war,
<br /> natural disasters,strikes,legal compliance issues,fires,labor disputes and any other acts of god.
<br /> IL Amendment and Oral Waiver: Changes to this agreement can be agreed upon by consent of both parties and will be notable by the actions of each party.
<br /> 12. Contractor Status: Waste Stream Solutions California will act as an independently contracted company(independent contractor)and in no form represents the client not claims robe
<br /> an affiliate,associate or employee of the client
<br /> 13. Saving Clause: If any portion of this agreement is found to be illegitimate,illegal,nonbinding or unenforceable in any respect it will not effect any other provision within this
<br /> agreement. If such a finding is considered unenforceable Waste Stream Solutions California retains the option to terminate this agreement without penalty.
<br /> 14. Entire Agreement: This Agreement constitutes the entire understanding and agreement of the parties and cancels and supersedes all prior negotiations,representations,
<br /> understandings or agreements,whether written or oral,with respect to the subject matter of this Agreement. This agreement shall be binding upon and shall inure to the benefit of die
<br /> successors,assigns legal representatives and heirs of the parties hereto provided,however,that the Client may not assign its rights or delegate its obligations under this Agreement
<br /> without the prior written consent of Waste Stream Solutions California,which consent of Waste Stream Solutions California may not unreasonable withhold-
<br /> 15.
<br /> ithhold15. Governing law:This agreement is governed by and construed in accordance with the laws of the State of California without regard to the conflicts of laws or rules of any jurisdiction.
<br /> 16. Originals: A copy or facsimile of this Agreement shall be as effective as an original.
<br /> 17. Notices:All required notices,or notices requested per this Agreement by any parties participating in this Agreement shall be delivered in writing and sent to the parties'addressed set
<br /> forth above. /
<br /> DATE: / / ACCOUNTq NAME —OA/r'' Z _6Z: Ojl SIGNATURE
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