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Evergreen Environmental Services LEES"). and Evergreen Oil Inc. (EOI) hereby notify Customer that numerous laws and regulations may
<br /> -^oly to Customer's handling of its waste. Including, without limitation, the requirements of Article 13 of Chapter 6.5 of Division I of the
<br /> ifornia Health and Safety Code (H&SC) Section 25250-25250.25 and Chapter 12 of division 4.5 Title 22 of the California Code of
<br /> rcegulations (CCR) Sections 66262.1-66262.70, and that it is solely Customer's responsibility to identify and comply with any such
<br /> requirements in storing and handling its waste. In collecting and manifesting Customer's wastes, EES/EOI in no way assumes Customer's
<br /> responsibilities of obligations as generator of such waste or any liabilities attendant thereto. Any advice or guidance provided to Customer
<br /> by any EES/EOI representative is intended solely to assist Customer's general understanding of applicable laws and regulations governing
<br /> the collection sefvices provided by EES/E01 pursuant to this contract, should not be relied upon by customer in making management
<br /> decisions. and shall not give rise to any liability on the part of EES/EOL Customer should direct regulatory advice questions to its own
<br /> attorney or qualified professional.
<br /> Customer represents and warrants that it i; in compliance with all applicable lavas and regulations regarding the generation, handling and
<br /> storage of all wastes provided to EES/E.01. Customer further represents and warrants that all waste tendered to EES/EOI meets the
<br /> definition of"used oil" pursuant to California H & SC 25250.1 or in the alternative, has been properly characterized pursuant to
<br /> 22 CCR, 66262.11 and identified to EES/E01. Customer warrants that used oil contains less than 1,000 ppm halogens, less than 5ppm
<br /> polychlorinated biphenyl compounds (PCBs), and has a flash point greater than 100 degrees Fahrenheit. Customer has made this
<br /> determination by testing the �aaste in accordance with applicable state and federal guidelines: or applying knowledge of the waste in light
<br /> of the process or materials used. EES/EOI hereby notifies Customer that EES/EOL handling, manifesting, transport, storage. recycling
<br /> treatment or disposal of Customer's waste is conducted in reliance upon customers compliance with these laws and regulations, including
<br /> without limitation. Customers proper characterization of its wastes.
<br /> Customer hereby understands and acknowledges that EES/F,OI, intends to recycle Customer's used oil into a valuableoroilt t and
<br /> consistent with applicable law, may commingle Customer's used oil with oil from other generators in transport trucks and/or
<br /> storage-tanks prior to any Sampling of such used oil by EES/E01, for the purpose of facilitatin this recycling activity. Customer
<br /> agrees that Customer shall be responsible for any and all damages, including, without limitation, the cost of clean_ing_equipment
<br /> and disposing of commingled feedstock, caused by am contaminates in Customer's waste (including, without limitation,
<br /> polychlorinated biphenyls and other listed wasted) which render waste unsuitable_for recycling.byEES/EOI. whether or not
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<br /> Customer had knowledge otamin
<br /> f such conate
<br /> s.
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<br /> Customer agrees to indemnify, defend (with legal counsel acceptable to EES/EOI and its officers, directors,shareholder,
<br /> employees, agents and successors,�and_assigns, from and against any and all claims, demands, cost,and expenses (includir!%
<br /> without limitation.costs of suit, reasonable attorney's fees,consulting fees), response and disposal costs, penalties, fines, and
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<br /> pumtive damages (colectivie Liabilites ), whether in respect to death, personal injury, property damage, cleanup and removal
<br /> exense o st recovery contribution or otherwise, arising out of or in connection with Customer's breach of any representation,
<br /> 'rrang or covenant set forth herein or Customer's handling, use,generation,characterization,storage, treatment or other i
<br /> nagement,tranWortationLor remediation of its wastes,except to the extent that such Liabilities were caused by EES/EOI
<br /> negligence or other wrongful conduct. In the event.of any legal action.arising out of.any breach or alleged breach of this
<br /> agreement-or.to enforce any provision of this agreement,.the prevailing parting shall be entitled to recover reasonable attorney's
<br /> fees and related expenses, including arbitration and court costs.
<br /> Signer guarantees.the payment of EES/EOI invoices in accordance with the standard terms on Net 30 days. If a purchase order is not issued,
<br /> the employee authorizing the work to be performed guarantees that any invoices presented.will be payed promptly. Prompt payment is
<br /> defined as payment in accordance with EES/EOI standard terms of Net 30. Invoice payment is not contingent upon payment by a third
<br /> party. Interest on past due accounts will be charged at the rate of 1.517c per month until paid.
<br /> If EES/EOI employees arrive on-site and cannot perform work due to causes beyond Evergreen's control, standby fees will be.charged at
<br /> EES/EOI normal billing rate.
<br /> If any action at law or in equity, including an action for declaratory relief, is brought to.enforce or interpret any provision of the work order
<br /> on invoice, the prevailing party shall be entitled to recover attorney's fees and related expenses, in addition to any other relief to which that
<br /> party may be entitled.
<br /> I hereby certify that all information in this and all attached documents contains true and accurate descriptions of the waste. All relevant
<br /> information regarding known or suspected hazards associated with the waste has been disclosed. I also acknowledge that I have read and
<br /> agree to the terms on this form.
<br /> Pursuant.to CCR Title 22. Section 66264.12, Evergreen Oil, Inc. and Evergreen Environmental Services, have the permits for and will
<br /> accept the waste manifested to EES/EOI facilities so long as it meets the approved acceptance criteria.
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