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06/12/96 10:42 FAB 209 466 1067 FORWARD INC. Q003/003 <br /> PROFILE# <br /> Element TTLC STLC TCLP <br /> Avprnpe High Units Avp High Units Average Uirb Units <br /> Antimony. <br /> Arseni <br /> BaLium a <br /> Beallium <br /> Cadmium Well <br /> Chromium Cr <br /> avalent Cr 6 <br /> Cobalt Co <br /> -Copper(Cu) <br /> Lead <br /> Mercury <br /> -Molybdenum o <br /> Nick Ni <br /> Selenium e <br /> Silver <br /> Thglliunn <br /> Vanadium Zinc(Zn) <br /> E.TERMS AND CONDITIONS <br /> The below[tamed 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 /> 1. 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 22 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 parry 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,transport,and dispose off- <br /> site such Hazardous Waste in accordance with applicable laws and regulations. If Generator falls to remove such Hazardous Waste,Forward may do <br /> so at its option,at Generator's sole cost. Within 30 days after such removal operation is complete,Forward shall refund treatment/disposal fees previ- <br /> ously paid concerning the Hazardous Waste,less 50 percent of disposal fee handling charge plus right of offset for losses and toss incurred respect- <br /> ing such Hazardous Waste(such offset right shall not limit Forward's other rights of recovery). <br /> 2. Generator agrees that,in the event Generator.its consultant or its contractor learns that constiments,charectcrisdcs,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 indemnify,defend,and hold harmless Forward is affiliates,and their successors and assigns,and dteir 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 auomcys',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/regulations,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 Generator's waste which is Hazardous Waste. <br /> 5. Forward shall indemnify,defend and hold harmless Generator,its affrliares,and their successors and assigns,acid their rm-pective officers,direc- <br /> tors.employees,agents and representatives against any and all Liabilities.to the extent arising from non-complirtnce with applicable laws/rcgula- <br /> tions,or negligence,or willful misconduct regarding the waste(not including Hazardous Waste),caused by Forward its consultants,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 art from 7:00 a.m.to 4:30 p.m. <br /> Monday through Friday,and 7:00 am.to 11:30 a.m,on Saturdays. Amangements can be made to extend the Landfill's hours.No waste will be <br /> accepted whcn weather or Landfill conditions/activities impair deliveries,handling or disposal.Generator acknowledges that Forward's acceptance of <br /> waste is subject w 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).These Terms and <br /> Conditions shall apply to Additional Waste,except Additional Waste for which Forward requires submission of a separate signed Waste <br /> Profile Form. <br /> 8. Califomia Law shall;overt 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 Nese Terms and Conditions the prevailing party shall be entitled to recover in anorneys'and experts' <br /> fees and costs,whether or not prosecuted tojudgrtrcnt. <br /> THE GENERATOR ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD THE PRECEDING TERMS AND <br /> CONDITIONS AND AGREES TO THE SAME,AND THE PERSON SIGNING BELOW WARRANTS THAT HE/SHE IS <br /> AUTHORIZED TO S F R THE TOR f�I <br /> Generator Name: C <br /> r <br /> BY(Print Ni�): 76 41, 'title: <br />