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Eyergrep piptirsinmental Services ("EES"), and Evergreen Oil Inc. (EOI) hereby notify Customer that numerous laws and regulations may
<br />apply to-Ctistomet's handling of its waste, Including, without limitation, the requirements of Article 13 of Chapter 6.5 of Division I of the
<br />California 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 />Regulations (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 services provided by EES/EOI 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/EOI. Customer should direct regulatory advice questions to its own
<br />attorney or qualified professional.
<br />Customer represents and warrants that it is in compliance with all applicable laws and regulations regarding the generation, handling and
<br />storage of all wastes provided to EES/EOI. 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/EOI. 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 waste 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/EOI, handling, manifesting, transport, storage, recycling
<br />treatment or disposal of Customer's waste is conducted in reliance upon customer's compliance with these laws and regulations, including
<br />without limitation, Customer's proper characterization of its wastes.
<br />Customer hereby understands and acknowledges that EES/EOI, intends to recycle Customer's used oil into a valuable product 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/EOI, for the purpose of facilitating this recycling activity. Customer
<br />agrees that Customer shall be responsible for any and all damages, including, without limitation, the cost of cleaning equipment
<br />and disposing of commingled feedstock, caused by any contaminates in Customer's waste (including, without limitation,
<br />polychlorinated biphenyls and other listed wasted) which render waste unsuitable for recycling by EES/EOI. whether or not
<br />Customer had knowledge of such contaminates.
<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 (including,
<br />without limitation, costs of suit, reasonable attorney's fees, consu_4iAgi fees), response and disposal costs, penalties, lines, and
<br />punitive damages (colectivley "Liabilites"), whether in respect to death, personal injury, property damage, cleanup and removal
<br />expense, cost recovery contribution or otherwise, arising out of or in connection with Customer's breach of any representation,
<br />warranty or covenant set forth herein or Customer's handling, use, generation, characterization, storage, treatment or other
<br />management, transportation, or 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 1.5% 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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