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<br />E. TERMS AND CONDITIONS
<br />The below named generator (Generator) agrees to the following terms and conditions (Terms and Conditions) for treatment and/or disposal of waste at the
<br />Forward, Inc. (For -ward) Landfill.
<br />I. Generator warrants that the above, attached, and any other submitted waste profile information is complete and accurate and that none of the waste is
<br />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 described above. If
<br />any portion of this waste, other than asbestos properly described above, is determined to be hazardous (hazardous Waste) according to any of the above
<br />mentioned regulations, each patty shall promptly notify the other in writing upon learning of such determination. Within 10 days after receiving such written
<br />notification, Generator at its sole cost shall remove from the Forward Landfill, transport, and dispose off-site such Hazardous Waste in accordance with
<br />applicable law's and regulations. If Generator fails to remove such hazardous Waste, Forward may do so at its option, at Generator's sole cost. Within 30 days
<br />after such removal operation Is complete, Forward shall refund treatment/disposal fees previously paid concerning the Hazardous Waste, less 50 percent of
<br />disposal fee handling charge plus right of offset for losses and costs incurred respecting such Hazardous Waste (such offset right shall not limit Forward's other
<br />rights of recovery).
<br />2. Generator agrees that, in the event Generator, its consultant or its contractor learns that constituents, characteristics, or concentrations regarding the waste
<br />vary from those set forth in this waste profile or on any attached or submitted documents, Generator will immediately submit a corrected 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 to and
<br />disposal at the Forward Landfill in compliance with applicable regulatory requirements.
<br />4. Generator shall indemnify, defend, and hold harmless Forward, its affiliates, and their successors and assigns, and their respective officers, directors,
<br />employees, agents, and representatives against any and all claims, orders, liabilities, judgments, actions, liens, regulatory directives, fees, costs (including
<br />attorneys', experts' and consultants' fees and costs), penalties, fines, taxes, and liens (collectively, Liabilities), to the extent arising front: a breach of any
<br />warranty or obligation of Generator hereunder, non-compliance with applicable laws/regulations, or negligence, or willful misconduct regarding the waste,
<br />caused by Generator, its consultants or contractors, or their respective employees, agents, representative or subcontractors; or any or all of Generator's waste
<br />which Is Hazardous Waste.
<br />5. Forward shall indemnify, defend and hold harmless Generator, its affiliates, and their successors And assigns, and their respective officers, directors,
<br />employees, agents and representatives against any and all Liabilities, to the extent arising from non-compliance with applicable law's/regulations, or negligence,
<br />or willful misconduct regarding the waste (not including Hazardous Waste), caused by Forward, its consultants, or contractors, or their respective employees,
<br />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 are front 7:00 a.m. to 4:00 p.m. Monday
<br />through Friday. Arrangements can be made to extend the Landfill's hours. No waste will be accepted when weather or Landfill conditions/activities impair
<br />deliveries,handling or disposal. Generator acknowledges that Forward's acceptance of waste Is subject to regulatory requirements, and that Forward shall have
<br />no liability for inability to accept waste due to regulatory requirements or restrictions, regardless of cause.
<br />7. No waste will be accepted by Forward until Forward has received a completed Waste Frofile Form, has issued an approval number, and has received a signed
<br />Payment Terms Contract.
<br />8. California Law shall govern these Terms and Conditions. If any action or proceeding arises regarding a claim concerning these Terms and Conditions or is
<br />brought to enforce or interpret these Terms and Conditions the prevailing party shall be entitled to recover its attorneys' and experts' fees and costs, whether or
<br />not prosecuted to judgment.
<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 SIGN FOR THE GENERATOR.
<br />Generator Name: 1'I .S % U U d Yy/ % r T -- Yn o / P YS
<br />By (Print Name):
<br />Signature:
<br />Title: � G P fir
<br />Date: r —
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