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2. If Client generates any excluded waste, and if excluded waste is transported by BMS, then BMS may reject the entire delivery that contains excluded waste. Any excluded waste generated by Client may upon notice to Client, be disposed of by BMS at appropriate facilities at sole expense of Client, which expense Client hereby expressly agrees to pay. 3. BMS shall have the right, but not the obligation, to periodically inspect, sample, analyze or test tendered Bio Medical waste and incineration waste before accepting such or otherwise inspect any load to determine the character of any material delivered to BMS. BMS's exercise of, or failure to exercise, it's right hereunder, shall not relieve the Client of its responsibility or liability under this agreement or under all federal, state, and local laws, regulations and ordinances 4. NOT READY FOR PICK-UP: A "No access or zero waste to pickup" charge of $35.00 "could" be imposed for the following reasons: after waiting a reasonable period of time (over 15 minutes); your medical waste is NOT available and ready for pick-up, or no one is available to grant access, or zero wasteavailable for pickup at scheduled pickup. ARTICLE 3- RATES AND PAYMENTS 1. Client shall pay all fees associated with Bio Medical waste and incineration waste processing services. Standard processing fees shall be based upon actual number of containers and size of containers and/or weight of Bio Medical waste and incineration waste generated by the Client. 2. OSHA Education and compliance C Yes r No Descriibe Compliance Terms 3. BMS shall invoice Client at least monthly. Payments are due thirty (30) days from the date of such invoice. In the event that such payments are not made when due, Client agrees to pay an additional one and one half percent (1 %%) per month finance charge on all outstanding balances. 4. The amount of any present or future sales, use occupancy, excise, or other federal, state, or local tax or surcharge which BMS, hereafter shall be obligated legally to pay or collect, either on its behalf of the client or otherwise, with respect to the services and material covered by this agreement shall be paid by the client. Frequency of Service Waste Type VOLUME up to PRICE per Container As needed Red bag/sharps 1,011mie $125.00 Freguenc.7 , Type Pohnne Price Freytiem y Ti pe Molrane Price Frequency ljpe Gohnne Price ARTICLE 4- TERM OF AGREEMENT 1. BMS shall provide processing services, treatment and/or disposal of Bio Medical waste and incineration waste managed by Client and produced at generator location(s). TERM : 36 Months Start Date: 11/30/2021 End Date 11/29/2024 2, Other Terms : ARTICLE 5- TERMINATION AND DEFAULT 1. Events of default. Each of the following events shall constitute "Event of Default" hereunder: a. A failure to pay when due and payable any amounts owed one party to another under this agreement and the continuance of such failure for fifteen ( 15) days after the giving of written notice of non-payment to the non-paying party. b. Breach of any material covenant, condition or agreement to be observed or performed by this agreement. If after sixty (60) days from notice to breaching party such breach is not cured or otherwise remedied . Either party will not unreasonably withhold its consent to an extension of the period, if the breaching party institutes corrective action within the period and diligently pursues such action until the default is corrected. 2. In the event that the Client wrongfully terminates services under this agreement, or fails to perform in accordance with any provision of this agreement, BMS shall have without limitation, all rights and remedies provided at law or in equity. 3. BMS may suspend this agreement until all defaults are cured by Client, recover any damages sustained thereby, and upon the curing of all defaults by Client, reinstate services pursuant to this agreement. 4. In addition, in the event that Client fails to pay BMS any amountsdue hereunder, or otherwise fails to perform this agreement, and BMS refers such matter to an attorney, Client agrees to pay in addition to the amounts adjusted due, any