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STERI•SAFE(SM)TERMS AND CONDITIONS Account/Site#6038100-002
<br /> 1. Regulated Medical Waste Services:(a) Stericycle, Inc. shall Should any amounts due pursuant to this Agreement remain unpaid
<br /> collect,transport,treat and dispose of all Regulated Medical Waste for more than 30 days from the date of the debt's first invoice,
<br /> (except Non-conforming Waste) generated by Customer during the Stericycie shall have the option, without notice to Customer, to
<br /> term of this Agreement. (b) Responsibility for transportation of suspend service under this Agreement until the overdue amounts(plus
<br /> Regulated Medical Waste collected from Customer shall transfer and late charges and collection fees)are paid. In addition to Stericycle's
<br /> vest in Stericycle at the time it is loaded onto Stericycle's vehicle. charges for services and products under this Agreement, the
<br /> Customer shall have title to Regulated Medical Waste at all prior times. Customer shall pay all taxes imposed or levied by any governmental
<br /> Customer shall hold title to any Non-Conforming Waste at all times, authority with respect to such services or products. These taxes
<br /> whether refused for collection or returned to the customer for proper include all sales,use,excise,occupation,franchise and similar taxes
<br /> disposal after collection. All Regulated Medical Waste must be and tax-like fees and charges (but do not include any taxes on
<br /> accompanied by a properly completed shipping document pursuant to Stericycle's net income).Stericycle shall cooperate with the Customer
<br /> 49 CFR 172.202 (Manifest). (c) Stericycle employees may refuse to determine the applicability of any exemption certificates that the
<br /> containers that are determined to be Non-Conforming Waste as Customer provides to Stericycle in a timely manner. Notwithstanding
<br /> identified in the Waste Acceptance Policy (WAP). Customer shall any limit to adjust the contract price,Stericycle reserves the right to
<br /> place only"Regulated Medical Waste"as defined by 49 CFR 173.134 further adjust the amounts payable and due to Stericycle for fees
<br /> or by any other federal, state and local regulations. (d) Customer including, but not limited to environmental protection, compliance,
<br /> represents and warrants that i)the waste presented for disposal will waste management, or safety. in the event that Stericycle suspends
<br /> not contain any"hazardous","toxic","radioactive"or Non-Conforming services under this Agreement for any reason,including the expiration
<br /> Wastes as defined by all applicable laws,regulations and the WAP,ii) or termination of this Agreement or Customer's breach (see 2(c),
<br /> the waste strictly conforms to Stericycle's WAP and their local laws above), Stericycle may remove all containers belonging to it from
<br /> and regulations concerning Regulated Medical Waste and iii) they Customer's premises and assess a $50.00 pick up fee for such
<br /> have reviewed the attached WAP and its complete definitions and removal.
<br /> requirements. (e) Customer shall be liable for any and all injuries, 4.Surcharge:Stericycle may also impose a surcharge in the event
<br /> losses and damages resulting from Non-Conforming Waste.(f)All lab that Stericycle attempts to pick up waste at a Customer location (on
<br /> wastes or materials which contain or have the potential to contain either a scheduled pick-up or in response to a Customer request)and,
<br /> infectious substances arising from those agents listed under 42 CFR through no fault of Stericycle,either(a)there is no Regulated Medical
<br /> 72.3 are strictly prohibited from medical waste by federal law and must Waste for Stericycle to pick up,(b)waste is not ready for pick-up or(c)
<br /> be pretreated prior to disposal. (g) Further definitions are included the Customer location is closed. Excess waste volumes significantly
<br /> under the current WAP, which is attached and made a part of this greater than average volume for similar generators or exceeding
<br /> Agreement and specifically incorporated herein. Stericycle reserves maximum allowable containers per year shall be subject to a
<br /> the right to change the WAP at any time to ensure compliance with surcharge of the Customer's current container rate plus 10% at
<br /> applicable laws or regulations.A copy of Stericycle's WAP may also Stericycle's discretion. Stericycle will impose this surcharge to deter
<br /> be obtained from your local Stericycle representative. abuses, including but not limited to, solid waste disposed in the
<br /> 2. Term and Pricing: Subject to the provisions below, the term medical waste stream, or Customer consolidation of the waste of
<br /> ("Term")of this Agreement shall be 60 months from the Effective Date. several generators under one site. Stericycle may bill additional
<br /> (a) This Agreement shall automatically renew for successive terms charges for each non-compliant container provided by Customer.
<br /> equal to the original Term(each an"Extension Term")unless either Non-compliant containers subject to additional charges include, but
<br /> party has given sixty(60)days notice, in writing, during the six(6) are not limited to containers that are overweight under applicable laws,
<br /> month period prior to the renewal date of its desire to terminate this rules or regulations; those containers exceeding 50 lbs; containers
<br /> agreement. All Extension Terms shall be subject to the terms and holding non-conforming waste; and containers where the waste is
<br /> conditions hereunder. (b) Stericycle reserves the right to adjust the improperly segregated or packaged.
<br /> contract price to account for operational changes it implements to 5. Liability for Equipment:Customer shall have the care, custody
<br /> comply with documented changes in law, to cover increases in the and control of containers and other equipment owned by Stericycle
<br /> cost of fuel,insurance, or residue disposal,or to otherwise address and placed at Customer's premises and accepts responsibility and
<br /> cost escalation.(c) In the event Customer terminates this Agreement liability for the equipment and its contents except when it is being
<br /> prior to expiration of the term hereof(or any"Extension Term")or fails physically handled by employees of Stericycle. Customer agrees to
<br /> to perform any of its obligations under this Agreement,Stericycle shall defend,indemnify and hold harmless Stericycle from and against any
<br /> have,without limitation,all rights and remedies provided at law or in and all claims for loss or damage to property, or personal injury or
<br /> equity,as well as the right to recover from Customer an amount(which death,resulting from or arising in any manner out of Customer's use,
<br /> the parties hereby acknowledge constitutes Stericycle's liquidated operation or possession of any containers and other equipment
<br /> damages and not a penalty)equal to fifty percent of the Customer's furnished under this Agreement. Any damage or loss to such
<br /> average monthly charge multiplied by the number of months(including containers and equipment,other than normal wear and tear,will be
<br /> any partial months), remaining until the expiration date of the then charged to Customer at full replacement value.
<br /> current term hereof.(d)Stericycle shall have the right to terminate this 6.Indemnification:(a)Stericycle shall indemnify and hold Customer
<br /> Agreement at any time by giving Customer at least sixty(60) days harmless from any liabilities arising from the gross negligence or willful
<br /> notice in the event that it is unable to continue performing its misconduct of Stericycle in the performance of its obligations under
<br /> obligations under this Agreement due to the suspension, revocation, this Agreement. Customer shall indemnify and hold harmless
<br /> cancellation or termination of any permit required to perform this Stericycle from any liabilities arising from the gross negligence or
<br /> Agreement or in the event that a change in any law or regulation willful misconduct of Customer,which shall include,but not be limited
<br /> makes it impractical or uneconomical,in Stericycle's sole discretion,to to, failure toproperly store, package, label, or segregate Regulated
<br /> continue performing this Agreement. Medical Waste and any liabilities relating to Non-Conforming Waste,
<br /> 3.Billing:Stericycle shall provide Customer with monthly,quarterly or whether or not collected, transported or treated by Stericycle. Each
<br /> annual invoices that are due upon receipt.Customer agrees to pay a party agrees to pay the reasonable attorneys'fees and costs incurred
<br /> late charge on any amounts owed to Stericycle that are more than 30 by the other in bringing a successful indemnification claim under this
<br /> days old, at a rate equal to the lesser of 1 %% per month or the Paragraph.Customer agrees to pay Stericycle's reasonable attorney's
<br /> maximum rate permitted by law.Customer shall bear any costs that fees incurred for any successful defense by Stericycle of a suit for
<br /> Stericycle may incur in collecting overdue amounts from Customer, indemnification brought against Stericycle by Customer.(b)Stericycle
<br /> including, but not limited to, reasonable attorneys' fees and court will indemnify and hold harmless any Customer who subscribes to a
<br /> costs. Preferred Program from any fine or portion thereof resulting from an
<br /> OSHA citation explicitly describing a blood-bome pathogen or medical
<br /> waste management practice specifically addressed only by the
<br /> Preferred Program training and materials.
<br /> Document Integrity Verified EchoSign Transaction Number.QSCVYA4U5R7.H3H
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