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. Approval No. :
<br /> t Page (2) of (2)
<br /> GENERAL 'PERMS AND CONDITIONS FOR DISPOSAL AT FORWARD LANDFILL
<br /> �• As a condition to treating and/or disposing of petroleum contaminated soil at the
<br /> Forward, Inc. ("Forward") Landfill, the party(ies) identified below as
<br /> "Contractor" agree(s) to Forward's General 'Perms and Conditions, as set forth
<br /> below. Such contaminated soil ("soil") is described in the waste Characterization
<br /> Form on the reverse side of this document. The General Terms and Conditions are
<br /> as follows:
<br /> 1. 24 hours advance notice is required for Soil deliveries; call (209)
<br /> 982-4298. No Soil will be accepted when weather or Landfill conditions/activities
<br /> impair deliveries, handling or disposal. Contractor acknowledges that Forward's
<br /> Acceptance of the Soil is subject to regulatory requirements, and that Forward
<br /> shall have no liability for inability to accept the Soil due to regulatory
<br /> requirements or restrictions, regardless of cause.
<br /> 2. Contractor warrants that: (a) It/they will comply with all regulatory
<br /> Lequirements applicable to handling, preparation and transportation of the Soil;
<br /> (b) all information in the waste Characterization Form and any other submitted
<br /> information regarding the Soil is complete and accurate, and Contractor will
<br /> immediately notify Forward of any discovered inaccuracy or change in such
<br /> information; (c) based on laboratory analyses, none of the Soil is hazardous
<br /> under applicable federal, California or local laws, including 40 CFR Part 261 and
<br /> Title 22 of California Code of Regulations, and (d) Forward will be promptly paid
<br /> its treatment/disposal fees for the Soil pursuant to the Payment Terms form.
<br /> 3 Forward may perform verification tests within 48 hours of receiving any
<br /> shipment of Soil. If Forward determines the test results to do not adequately
<br /> match prior test results, or if any Soil is determined at any time to be
<br /> lia7ardous, Forward may cancel further deliveries of Soil, and Contractor agrees
<br /> to immediately remove from Landfill any previously delivered Soil as Forward may
<br /> require, at Contractor's expense. within 30 days alter removal is complete,
<br /> Forward will refund fees previously paid concerning the Soil, less $15 per cubic
<br /> yard handling charge.
<br /> 4 Contractor shall indemnify, defend and hold harmless Forward and its
<br /> affiliates and their officers, directors, employees, agents, representatives,
<br /> successors and assigns against all costs, judgements, liens, liabilities,
<br /> regulatory directives, fees (including attorneys' and consultants' fees and
<br /> costs) , penalties, fines, taxes and expenses (collectively, "Liabilities,,) arising
<br /> from- (a) breach of any General Terms of Waste Disposal, by Contractor or
<br /> its/their consultants, contractors or representatives; or (b) any negligence,
<br /> willful misconduct or non-compliance with applicable laws regarding the Soil, by
<br /> Contractor or its/their consultants, contractors or representatives. Forward
<br /> shall indemnify, defend and hold harmless Contractor and its/their affiliates,
<br /> and their officers, directors employees, agents, representatives, successors and
<br /> assigns against all Liabilities arising from any negligence, willful misconduct
<br /> or non-compliance with applicable laws regarding the Soil, by Forward or its
<br /> consultants, contractors or representatives, subject to the limitations of
<br /> Section 1 hereof.
<br /> 5. No Soil will be accepted by Forward until Forward has- (a) received
<br /> signed General Terms and Conditions and Payment Terms forms; (b) received and
<br /> approved all Soil information; (c) received regulatory approvals; and (d) itself
<br /> signed the Payment Terms Form.
<br /> 6. If an action or proceeding is brought to enforce the General Terms and
<br /> Conditions, the prevailing party is entitled to recover its attorneys' fees and
<br /> costs, whether or not prosecuted to judgment.
<br /> CONTRACTOR:
<br /> (1) Company Name• Jim Thorpe Oil Inc. Phone: (209)462-4581
<br /> Addres 357 Lodi CA 95241-0357
<br /> By:; Title: President Date: 4/27/93
<br /> (2) Company Name: Phone:
<br /> Address:
<br /> By: Title: Date:
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