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SERVICE AGREEMENT : STANDARD TERMS AND CONDITIONS
<br /> I . Agreement Customer and Tanknology Inc . , a Delaware corporation ( " Tanknology " ) agree to the typed , handwritten , and pre- printed terms and
<br /> conditions of this Sales Order , including the Service Agreement : Standard Terms and Conditions , all of which form the agreement between the parties
<br /> concerning this Sales Order Agreement,
<br /> 2 Scope of Work On the terms and conditions set forth in this Agreement , Tanknology agrees to provide the services (the Services) for Customer as
<br /> specified on this Sales Order. Tanknology will perform the Services using one of its processes (the Process) appropriate for the job contemplated
<br /> hereunder , which is equal to or exceeds applicable legal or industry association minimum performance requirements and criteria . Except as otherwise
<br /> specified , Tanknology will provide all equipment and labor necessary to perform the Services . Customer agrees to satisfy all the following requirements at
<br /> the location where Services will be performed prior to Tanknology ' s arrival and before testing is done at that location ( collectively , the Requirements for
<br /> Testing ) .
<br /> Requirements for Tank Testing 110 Volt power accessibility
<br /> Minimum of 2 " direct access into the tank system
<br /> No more than one ( 1 ) inch of lank bottom water may be in the tank at the time of the test
<br /> Tanks must contain at least 5 % of product in each tank but no more than 20 , 000 gallons of ullage
<br /> Maximum product in tank of 90 % of full capacity
<br /> Generator Tanks - Primary and Return lines must be able to be isolated from day tank
<br /> Requirements for Line and Leak Detector Testing Access to the line via a 3/8 " test port ( standard on most shear valves)
<br /> Product line must be filled with product
<br /> No water covering submersible pump
<br /> Power to the submersible pumps (for leak detector testing )
<br /> Requirements for Stage II Vapor Recovery Testing If compartmentalized all product levels within tank must be within 10 inches of each other .
<br /> Maximum Fuel = 75 % total gas capacity
<br /> Minimum Fuel = 25 % total gas capacity and total empty space cannot exceed 25 , 000 gallons .
<br /> No fuel drop within 8 hours of the testing
<br /> Tanknology ' s applicable Job Clearance Form & Site Safety Checklist , as in effect at the time the Services are performed , will apply to the Services
<br /> performed at a location and must be signed by Customer' s site representative at the location before and after the Services are performed .
<br /> 3 Report After completion of the Services , a written report indicating the results of the Services will be issued to the Customer . Tanknology will not give
<br /> reports or other information concerning the tank ' s condition to anyone other than the Customer unless requested by the Customer or required by law .
<br /> 41 Payment Customer agrees to pay for the Services at the price ( s) and payment terms specified in this Sales Order.
<br /> 5 Access and Rights -of-Way Customer grants to Tanknology the right of ingress and egress to its premises and agrees to provide to Tanknology clear
<br /> access for Tanknology to carry out the Services . Customer warrants that any right- of-way provided by Customer or used by Tanknology from the piping and
<br /> storage tank location ( s ) to the most convenient public street is sufficient to bear the weight of all equipment and vehicles required to perform the Services .
<br /> Tanknology shall not be responsible for damage caused to pavement at the location ( s ) or on the right-of-way , or for subsurface disturbances , provided the
<br /> damage is not caused by Tanknology ' s negligence .
<br /> 6 Indemnification
<br /> A General Subject to the limitations set forth in sections 8 and 9 of this Agreement , to the maximum extent permitted by present or future applicable law ,
<br /> each party shall indemnify , defend , and hold harmless the other party and its respective affiliates , and the other party ' s and its respective , affiliates '
<br /> shareholders , directors , officers , employees , agents , contractors and representatives ( collectively , a party ' s " Indemnified Parties" ) from and against any and
<br /> all claims , demands , suits , causes of action , actions , proceedings , judgments , settlements , liabilities , penalties , losses , costs , damages and expenses
<br /> ^ raceedin ^ sincluding (without limitation ) damage to or loss of property of any kind , whether the property of the indemnified party or third
<br /> persons , or from injury to or death of any and all persons whomsoever, including (without limitation ) employees of the indemnified party and third
<br /> persons , ( collectively " Claims and Damages" ) caused by the indemnifying party ' s breach of this Agreement , including the breach of any representations or
<br /> warranties set forth herein , negligence or willful misconduct .
<br /> Storage Tanks and Piping Indemnity and Release Notwithstanding any other terms of this Agreement , if Customer is unable to identify , or incorrectly
<br /> identifies , the manufacturer and/ or specifications of tanks tested by Tanknology that were manufactured to Plasteel Product Specifications , then , with
<br /> respect to Tanknology' s Services related to those tanks :
<br /> B Indemnification To the maximum extent permitted by present or future applicable law , Customer shall indemnify , defend and hold harmless
<br /> Tanknology and Tanknology ' s Indemnified Parties , and each of them , from , and against any and all Claims and Damages directly or indirectly relating to ,
<br /> arising out of, or caused by Tanknology or its contractors testing tanks with an unknown or incorrectly identified manufacturer , testing tanks with unknown or
<br /> incorrectly identified specifications , and /or testing tanks that were manufactured to Plasteel Product Specifications ( collectively , the " Indemnified
<br /> Liabilities" ) , EVEN IF SUCH INDEMNIFIED LIABILITIES RESULT , ARISE OR ARE CAUSED IN WHOLE OR IN PART BY TI ',t-ST= RIaT- Ir. 1 A o� � Jx
<br /> NEGLIGENCE OF TANKNOLOGY OR ANY OTHER TANKNOLOGY INDEMNIFIED PARTY (AND IN THE CASE OF NEGLIGENCE WHETHER SUCH
<br /> NEGLIGENCE IS THE SOLE NEGLIGENCE OF TANKNOLOGY OR ANY OTHER TANKNOLOGY INDEMNIFIED PARTY , OR THE CONCURRENT OR
<br /> JOINT NEGLIGENCE OF TANKNOLOGY OR ANY OTHER TANKNOLOGY INDEMNIFIED PARTY WITH CUSTOMER OR ANY THIRD PARTY , AND
<br /> WHETHER THE NEGLIGENCE IS CLASSIFIED AS , AND WHETHER THE INDEMNIFIED LIABILITIES ARISE OUT OF AN
<br /> UNINTENTIONAL OR INTENTIONAL ACT OR OMISSION ) , provided that the Indemnified Liabilities do not include any liabilities arising from the willful
<br /> misconduct of Tanknology or a Tanknology Indemnified Party , and Release . To the maximum extent permitted by applicable law , Customer agrees to ,
<br /> and hereby does , waive as to Tanknology and the other Tanknology Indemnified Parties , and releases Tanknology and the other Tanknology Indemnified
<br /> Parties from , any and all Indemnified Liabilities , EVEN IF SUCH INDEMNIFIED LIABILITIES RESULT , ARISE , OR ARE CAUSED IN WHOLE OR IN PART
<br /> BY T " r ^ T " "' T ' ' " E3R NEGLIGENCE OF TANKNOLOGY OR ANY OTHER TANKNOLOGY INDEMNIFIED PARTY (AND IN THE CASE OF
<br /> NEGLIGENCE WHETHER SUCH NEGLIGENCE IS THE SOLE NEGLIGENCE OF TANKNOLOGY OR ANY OTHER TANKNOLOGY INDEMNIFIED PARTY ,
<br /> OR THE CONCURRENT OR JOINT NEGLIGENCE OF TANKNOLOGY OR ANY OTHER TANKNOLOGY INDEMNIFIED PARTY WITH CUSTOMER OR
<br /> ANY THIRD PARTY , AND WHETHER THE NEGLIGENCE IS CLASSIFIED AS PASSIVE , AND WHETHER THE INDEMNIFIED
<br /> LIABILITIES ARISE OUT OF AN UNINTENTIONAL OR INTENTIONAL ACT OR OMISSION ) , provided that the waived and released Indemnified
<br /> Liabilities do not include any liabilities arising from the willful misconduct of Tanknology or a Tanknology Indemnified Party .
<br /> C Defense and Settlement The indemnifying party will have the right to control the defense and settlement of third party Claims and Damages under this
<br /> Section 7 with attorneys reasonably acceptable to the indemnified party . The indemnified party will have the right to participate in the defense and
<br /> settlement with its own attorneys at its own expense , unless the indemnifying party fails or refuses to defend the claim with attorneys reasonably
<br /> acceptable to the indemnified party in which case the indemnified party ' s participation shall be at the expense of the indemnifying party . Neither party
<br /> will be liable for settlements entered into by the other party without their consent , which will not be unreasonably withheld .
<br /> D Survival The terms of this section 6 will survive the termination or expiration of this Agreement .
<br /> 7 Default and Remedies Neither party will be in default hereunder if nonperformance is due to delays or circumstances beyond the party ' s control ,
<br /> including but not limited to compliance with any Federal , State or local law , rule or regulation , acts of God , fires , storms , work stoppages or delays , strikes
<br /> or other labor disputes , transportation embargoes or delays , or inability to obtain materials , labor , equipment , transportation , electricity , gas or oil , fuel to
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