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1205 WEST BARKLEY AVENUE T fioma� ORANGE, CALIFORNIA 92868 ray and PH: 714.997.8090 FAX: 714.997.3561 Aloodatei.Inc. http://www.tgainc.com ENERGYSOLUTIONS PERFORMANCE AGREEMENT I, SCM Safety (hereinafter collectively referred to as "Generator"), have a contract with Thomas Gray and Associates, Inc. and its subsidiaries (TGA)to process low-level radioactive waste (LLRW) and/or dispose of such LLRW. Generator understands that TGA has a contract with EnergySolutions and its subsidiaries(ES)to process and/or dispose of such LLRW. Generator acknowledges that some or all of such LLRW may be processed at EnergySolutions Bear Creek in Oak Ridge, TN and/or disposed of at the EnergySolutions LLC disposal facility in Clive,UT. Generator agrees that if such LLRW is sent to TGA or ES for processing or disposal but does not meet TGA or ES license requirements and is thus considered non-conforming waste, Generator will be fully responsible for all costs and expenses related to the non-conforming waste. TGA and/or ES shall, as applicable, have the right to deal with the non-conforming waste in the manner outlined in their respective contracts, including the right to: 1. Perform treatment or further treatment of the non-conforming waste so as to allow disposal. 2. Remove, or cause to be removed, any non-conforming waste from TGA or ES facilities. 3. Perform other suitable management practices that are prudent considering the nature of the non- conforming waste, applicable laws and regulations, and input from regulatory authorities. 4. Make its own arrangements to cause the non-conforming waste to be returned to the Generator. Generator agrees to reimburse TGA and/or ES for all costs and expenses (including reasonable attorneys' fees) incurred by TGA and/or ES in enforcing or exercising its rights under this Performance Agreement. This Agreement shall be continuing in nature and shall be binding on any and all successors or assigns. Any purported cancellation of this Agreement shall have no effect whatsoever on enforceability of it for any waste in the possession of TGA and/or ES, or waste in transit to or from either of the foregoing. Generator waives any and all notices concerning the non-conforming waste and hereby consents and agrees that any extensions of time, forbearances, or indulgences granted by ES to TGA may be made by ES without notice to Generator and without in any manner affecting its liability hereunder. Generator certifies that any and all radioactive materials or wastes itemized on NRC manifest(or bill of lading) #T20286 do not contain other unidentified radionuclides, materials or contaminants that would also place it in the categories of Infectious Waste or EPA/RCRA Hazardous Waste. .earl Thomas 07-17-20 (Genera epresentative N ) (Date) r (Sia e)EH&S C resultant A-tle)