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OA/12/96 10:42 FAb 209 4 1067 FORWARD INC. Q003/003
<br /> PROFILE#
<br /> Element TTLC STLC TCLP
<br /> Average Him nits Average Hieh Units Averave Uigh units
<br /> tt onv h
<br /> Arun
<br /> Barium a
<br /> Beryllium
<br /> Cadmium Cd
<br /> Chromium Cr
<br /> -Ilaavalent Cr
<br /> Cobalt Co
<br /> Copper(Cu)
<br /> Lad(`Pb)
<br /> Mercury
<br /> olvbdenu o
<br /> Nickel Ni
<br /> Selenium e
<br /> Silver AR
<br /> Th
<br /> V allium
<br /> Zinc(7.n)
<br /> E.TERms AND CoNDmoNs
<br /> The below named generator(Generator)agrees to the following terms and conditions(Terms and Conditions)for treatment and/or disposal of waste
<br /> at the Forward,Inc.(Forward)Landfill.
<br /> I. Generator warrants that the above,attached,and any other submitted waste profile information is complete and accurate and that none of the
<br /> waste is hazardous as defined or listed in 40 CFR Part 261 or Title 212 of the California Code of Regulations.with the exception of asbestos properly
<br /> described above. If any portion of this waste•other than asbestos properly described above.is determined to be hazardous(Hazardous Waste)
<br /> according to any of the above mentioned regulations,each party shall promptly notify the other in writing upon learning of such determination.
<br /> Within 10 days after receiving such written notification.Generator at its sole cost shall remove from the Forward Landfill,tratuport and dispose off-
<br /> site such Hazardous Waste in accordance with applicable laws and regulations. If Generator fails to remove such Hazardous Waste,Forward may do
<br /> so at its option,at Generators sole Cast Within 30 days after such removal operation is complete.Forward shall refund aeament/disposal fees previ-
<br /> ously paid concerning the Hazardous Waste,less 50 percent of disposal fee handling charge plus right of offict for losses and costs incurred respect-
<br /> ing such Hazardous Waste(such offset tight shall not limit Forward's other tights of recovery).
<br /> 2. Generator agrees dart in the event Geoeaator.its consultant or its contractor learns that constituents,characteristics,or concentrations regarding
<br /> the waste vary from those set forth in this waste profile or on any attached or submitted documents.Generator will immediately submit a corrected
<br /> Waste Profile Form.
<br /> 3. Generator warrants that any asbestos delivered to the Forward Landfill has been properly described above and will be prepared for transportation
<br /> to and disposal at the Forward Landfill in compliance with applicable regulatory requirements.
<br /> 4. Generator shall indcuutify.defend,and hold harmless Forward,its affiliates,and their successors and assigns,and their respective officers,direc.
<br /> tors,employees,agents,and representatives against any and all claims.orders,liabilities.judgments,actions,liens,regulatory directives,fees,costs
<br /> (including attomcys',experts'and consultants'fees and costs),penalties,fines,taxes,and liens(collectively,Liabilities),to the extent arising from:a
<br /> breach of any warranty or obligation of Generator hereunder,non-compliance with applicable laws/regulabons,or negligence.or willful misconduct
<br /> regarding the waste,caused by Generator.its consultants or contractors,or their respective employees,agents.representative or subcontractors:or
<br /> any or all of Generators waste which is Hazardous Waste.
<br /> 5. Forward shall indemnify,defend and hold harmless Generator,its affiliates,and their successors and assigns,and their respective officers,direc-
<br /> rots.employees,agents and representatives against any and all Liabilities.to the extent arising from non-compliance with applicable laws/rcgula.
<br /> tions,or negligence,or willful misconduct regarding the waste(not including Hazardous Waste),caused by Forward its consultims,or contractors,
<br /> or their respective employees.agents,representatives or subcontractors.
<br /> 6. The Landfill must be notified no less than 24 hours in advance for waste deliveries. The landfill's operating hours are from 7:00 a.m.to 4:30 p.m.
<br /> Monday through Friday,and 7:00 a.m.to 11:30 a.m.on Saturdays. Arrangements can be made to extend the Landfill's hours.No waste will be
<br /> accepted when weather or Landfill conditions/activities impair deliveries,handling or disposal.Generator acknowledges that Forward's acceptance of
<br /> waste is subject to regulatory requirements,and that Forward shall have no liability for inability to accept waste due to regulatory requirements or
<br /> restrictions.regardless of cause.
<br /> 7. No waste will be accepted by Forward until Forward has received a completed Waste Profile Form,bus issued an approval number.and has
<br /> received a signed Payment Terms Contract Forward.can accept additional waste from Generator which is related to the waste stream or waste:
<br /> removal job described in Sections A-D above but which was not previously approved for acceptance(Additional Waste).Thesc Terms and
<br /> Conditions shall apply to Additional Waste,except Additional Waste for which Forward requires submission of a scparue signed Waste
<br /> Profile Form
<br /> S. California Law shall_ov=these Terms and Conditions. If any action or proceeding arises regarding a claim concerning these Terms and
<br /> Conditions or is brought to enforce or interpret mese Tcrms and Conditions the prevailing party shall be cmirled to recover its anomeys'and experts'
<br /> fees and costs.whether or not prosecuted mjudimtcnt.
<br /> THE GENERATOR ACM40WLEDGF-S THAT IT HAS READ AND UNDERSTOOD THE PRECEDING TERMS AND
<br /> CONDITIONS AND AGREES TO TBE SAME,AND THE PERSON SIGNING BELOW WARRANTS THAT HE/SHE IS
<br /> AUTHORIZED TO SI Fr R THE GE TOR �(
<br /> Generator Name t t/ � �'"
<br /> By(Print NIIsi ): q'C ( Title:
<br /> __ l /C `t 1Ce , (- -—) Gi
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