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SAFETY-KLEEN SERVICES, INC.
<br /> and Subsidiaries AS
<br /> S31CIur1ISnn.
<br /> One Brinkman Way 016 3 9 5 8
<br /> Elgin, Illinois 60123 7-185-01
<br /> BRANCH LOCATION: MASTER SERVICES AGREEMENT
<br /> 'CUSTOMEWSILLTO '� CUSTOMER SERMCE LOCATION(IF'DIFFERENT FROM BILL TO) _
<br /> HELENA CHEMICAL HELENA C1iEMICALS
<br /> 7576 N. INGRAN1S #101 2245 W CHARTER WAY
<br /> FRESNO CA 93711 AfTN WAYNE MITSU]A
<br /> L �p ry_J L. STOCKrCN(cA 995y2�01 J
<br /> SrFEIYMEEN 415TOMFR"02-38-2162 �tR Wh 10-12:a PRIM ACT TEFMtIl-16—GWt Tp: 12-31-9999
<br /> CUSieNai P.OJOROER NO. culmo]M/�a ixiichis �/-/ cu3lOMtR COMA4T tMl\ VALDEZ
<br /> NOTICE: I HAVE READ THE ENTIRE AGREEMENT AND ACCEPT IT IN ITS ENTIRETY,INCLUDING THE TERMS AND CONDITIONS PRINTED HEREUNDER AND
<br /> ON THE REVERSE SIDE,AND I HAVE RECEIVED A TRUE COPY THEREOF.
<br /> IN WITNESS WHEREOF,the parties hereto have executed this Agreement by their duly authorized representatives.
<br /> CUSTO E SAFETY-KLEEN
<br /> ay(A,etedted firer. ay
<br /> Senators PnwtMTYYawr sweat bG?YWwman
<br /> TNe ,
<br /> Ora Dde
<br /> In mrsideretlon of Me mutual undertakings and subject to the terms set form below and intending to be legally bound,Me parlles agree as follows:
<br /> TERMS AND CONDITIONS
<br /> WHEREAS,the following peragnaphs Set forth me general terns ant conditions under which Safety Mew shall,at Customers request,provide the services as speofled in Me Supporting Occuments Csomices').including
<br /> Services for waste Malvinas I-Wasted tendered to Safst peen by Customer or any of its or its mossomes'facothes located In Canada,the United States or any U.S.Temtory.All Waste progle or Waste survey mo roars,
<br /> pre-qualification analysis,an.quotations,proposals,sales and service a tnowe dgments antl the specdcattons of deared Swims set forth in the Customer's solicitation,purchase moors,work omens Or requests(individually
<br /> antl colleINNey retained to as"Supporting Documental shall be Incorpwe[ed herein by reference.
<br /> 1. TERM Customer certifies that me Waste it tenders to Safety-peen contains no Chlorinated Dibonsumhoxims
<br /> The term of this Agreement is effective during Me contract term sal forth above and will continua (Dioxins)as listed in 40 CFR Pad 261.Customer unders an is Mat Customer shall be responsible for
<br /> Mereater until IermMww pursuant to Section 14, propedy executing,in Me form and number required,all manifests,pmfiles and similar documentation
<br /> 2. ORDERING AND SCHEDULING and/or certification raising to Me Waste,in accordance with applicable laws and regulations.
<br /> As the Customer determines that it requires Services under this Agreement,the Customer shall All Waste which Safety-Ween tlatermines does nor conform to the Waste Desciipllon thereto
<br /> ,0.61 - uo'a icr. c::pin, ('Nonconforming Wastrel will be managed in ancomance with the provisions of Samon 5 below,
<br /> q proposal from Safety-peen, It Salary-peen submRa-a quotation antl/or
<br /> pp011 and If same is Scowled!by Customer, Customer shall issue a purchase or work Omer or S. NONCONFORMING WASTE
<br /> request to-Safety-peen.The Services to be performed at each specific job site shall W performed in Waste well be considered Nonconforming Waste if it we to conform to Me Waste Desorption
<br /> accordance SAM and governed by the terms and owditiom of this Agreement antl Me Supporting applicable Mereto or it any packaging and marking provided by Customer is not in accorcance with
<br /> Domments. Safety-Keen is contractually committed to provide Services only upon Safety-peen's applicable law and.if applicable,requirements provided in advance to Customer by Safety-peen.In the
<br /> confirmation of Customers credit worthiness and Safety-peen's acceptance of a purchase or work order event the Waste is discovered to be Norimsmomung Waste, Safety-peen may reject or revoke as
<br /> specifying Me Measured!Services.Unless speotimily provided otherwise,Customer shall contact Safety- acceptance of the Waste.The reaction or revocation of acceptance we be effective immediately upon
<br /> Mean to mange a mutually acceptable schedule for Salary-Wseds perfomance of Me Services, receipt of notice,verbal or written,to Customer or its agent.Customer and Safety-Keen shall have seven
<br /> 3. MICE necessary
<br /> days to seek an alternative lawful manner of disposition of Me Nonconformirg Waste,unless itis
<br /> necessary by reason of taw or Safety-Kleen facility permit or operating procetlum to move Me
<br /> The price for the Services shall be sat fpm in the Supporting Documents.Unless otherwise set Nonconforming Waste in less Man seven(7)days.If Customer arc Safety Mean tan rpt agree on an
<br /> fO1M in Safety-peen's proposal or quotation.Mis price will be increased to include any sum which affemam manner of disposition within mid seven (7) days or. it applicable, within a shorter perptl,
<br /> 'Safety-peen is required M pay to local,scale,provincial or federal governments or agendas by virtue of Safety-Wean shall rimer return the Nonconforming Waste to Customer Or unilaterally tletermme and
<br /> a tax, tariff, tee, surcharge or other charge on the transportation, slomge, recycling, treatment or arrange for an alternative,Sedul manner of disposition.Customer shall pay Safety-Ween its reasonable
<br /> disposal of Me Waste in effect at Me time Services are tendered and such sum will be invoiced to Me expenses and charges for Services provided in relation to such Nonconforming Waste, including
<br /> Customer as a separate item can invoices.Unless otherwise agreed.Safety-Ween's prices are subject to anaykcal want,repair,replacement,decontamination and cleaning of equipment,and Nonconforming
<br /> change upon thirty(30)days written rrouce to Me Customer.Safaty-Keen reserves Me right to assess a Waste charges.
<br /> Nonconforming Waste charge for any Waste it determines,to be Nonconforming Waste in accordance In Me event of a disputo under this section,Safety-peen may have a sample or samples of such
<br /> with Section 5 below. Waste analyzed by a qualified.reputable,independent dtemical laboratory.If chemical analis shows
<br /> Full payment m due within thirty(30)days d Me frivol.date.Unless otherwise set font in Safety- that Me particular Waste in question has the chemical compostion as desplbetl in Me Waste
<br /> Wean's proposal or quotation,M mMSpsdation is provided by Safety-Keen,shipping terms ora F.O.B. Description,Men Safety-Ween will pay the expense of the independent laboratory in performing Me
<br /> point of trenafer.Interest in the amount equal to 1.5%per month 18% chemical analysis and continue its Services as originally agreed.If the chemical analysis Showa that Me
<br /> ( per annum)or Me maximum chemical composition of the Waste is not as described in the Waste Despiption,Men Safety-peen will
<br /> amount allowed by law,wdichever is dwm%will be added to all amounts outstanding for more than thirty proceed sir set forth above.
<br /> (30)days.In addition,Customer mail be responsible for collection agency or legal fees,at a rate hot to Safely-Keen shall provide due care while Me Nonconforming Waste is in its possession and mall
<br /> exceed thirty percent(30%)of Me amount due(including principal and interest),incurred in collecting be responsible only for its employees,agents',subcontractors',or invitees'negligence with respect to
<br /> Payment of an invoice. In Order to assure accurate, mutually agreed chamm and timely payment, such Waste.
<br /> Customer is responsible for notifying Safety-Mean promptly of any disputed charge in an invoice.
<br /> 0. COMPOSmON OF WASTE 6. TITLE
<br /> a. If Safety-Ween transports or arranges for transportation W Waste to a Sefaty-Ween facility or a
<br /> ff Ma Sennas Customer
<br /> be provided herein include Waste Seth a Management,for each type of Waste tenderedto disposal facility choaen by Safety-Ween and provided the Waste meets Me Waste Description
<br /> to cripty-Kern, form ac shell pmvitle safetSafelty-Mew
<br /> -Weed with s description of the Waste (Me "Waste applicable theme ,and me Waste is r
<br /> Description) in a form acceptable to Safe peen. The Waste Description shell be set fMh in Me PP Propel packaged.coded,marked!and labeled.tithe to
<br /> N- P and risk W toes,with seeped to the Waste,shall pass s provided
<br /> r Customer to Safely-Mem
<br /> h at such
<br /> comport components,
<br /> and
<br /> t Documents and posit include a dessuch component,
<br /> of the Waste straws m chemical time le Me tootling operation si of Waste ants vehicles prord Cu by Safety-peen has been
<br /> mm d in ran ant the percentage co-New;the
<br /> of each such component,e; a relative mix thereat, completed and the Waste is signed far and has tleparted tom ase and premises.
<br /> scaled in ranges acceptable M Safety-New;inial o;the process creating the Waste;Wasted an as results,it b. g etsithe ante Dpt artanges for transportation and t of Me Waste and pmvitled the Waste
<br /> avfety-M and a listing of unique chemical chamctand pr of the Watts.his understood and agreed Mat merle the Waste lDescriptionWto applicable thereto,and the Waste is e a Waste,
<br /> packaged, sstlam
<br /> Sham a.. shall base its tasting, evaluation and procedures for Waste Services on Me Waste marked and labeled,title to and risk of lues, with rasped to the Waste, shell pass from
<br /> Description. Customer
<br /> nedfor is Saley-Ween at suds time as me Waste is delivered to Safety-Kleen's facility antl
<br /> Customer f Wast mthnds that Salary-Ween may repute Customer to submit a Waster roposen Title t for.
<br /> and/or sample, Waste either prior et- following Safely-peen's submittal of a quotation W proposal. C. ma to Noncontortning Waste ravens to Customer, including risk of loss and all other
<br /> Customer shall,ff requested by Sia/Mew, n,provide Seery-Kien with a sample of Me Wrote in incidents W awnenacco at accordance
<br /> time S Section a communimtes to Cusrortrer that the Waste is
<br /> Mean Shall have
<br /> Mer,which Safety Mew,gt i6 sole option,mayor they not fed to analyze. Woods
<br /> Nonconforming in accordance with Section 5 shoo¢.
<br /> Ween shall have Me tight,but not the y-Meen's to inspect sample,analyze ea test tendered Waste tl. kis expressly agreed that Safety-Weed
<br /> does not take title top assume risk of loss with
<br /> blare accepting such Waste.and Safety-Ween's exercise of,or failure to exercise,said y-M a inspect respect to Wada where at Sof ty-M is responsible only for tmnspertio i the Waste.
<br /> and sample shall not operate to l and physical
<br /> Cuatomp ip its responsibility a provide So refs Ween st true, e. a is expressly agreed Mat Safety
<br /> WeeKleen shall at all fimes ostein 1Ne to Its solvents used in la
<br /> accurate and under
<br /> this
<br /> complete Agreement
<br /> and physicel desenptlon d the Waste tendered or ro relieve Customer pens Washer Service.ngmachine shall also s retain tithe to any equipment eincluding,without
<br /> d its liability untlor this Agreement limitation, parts cleaning machines or paint spray gun cleaning machines), except where
<br /> Customer previously owned the machine(COMS Service). (conhreatl on back
<br /> Form#556-75Gi (3/99) CUSTOMER page)
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