TERMS & CONDITIONS

As used in this Services Agreement, “Client” refers to the party contracting for services provided by LWR, and “LWR” refers to Liquid Waste Removal, Inc.

RCRA Compliance

1.       Client shall be responsible for complying with the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. (“RCRA”) and its implementing regulations in connection with LWR’s work under this Service Agreement. 

2.       Client may request LWR’s assistance in meeting its RCRA and other similar waste management obligations, including analytical testing to assist Client in proper characterization of waste, identifying potential transporters and disposal facilities for waste (provided that Client shall make the final selection of both the transporter and disposal facility), entering into subcontracts or purchase order arrangements with the transporters and/or disposal facilities selected by Client, and preparing manifests for the Client’s approval and execution.  Client agrees that, by virtue of providing these services, LWR shall not be deemed to be a “generator” or a party who “arranges” for the “transportation,” “treatment,” or “disposal” of any “hazardous waste” or “hazardous substance” (as those terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act or “CERCLA,” 42 U.S.C. §§ 9601-9675, or RCRA). Client agrees to indemnify, defend and hold LWR, its directors, officers, employees and agents, harmless from and against any and all claims, demands, judgments, obligations, liabilities, any costs (including reasonable attorney and expert fees) relating to:  (i) LWR’s work in assisting Client with its RCRA compliance; and (ii) the transportation, treatment, and disposal of hazardous substances or hazardous waste generated by Client.

3.       If waste manifests are required, Client shall provide an authorized person to sign all manifests, unless LWR agrees otherwise.

4.       Client is responsible for properly characterizing and documenting any substance or waste to be transported or disposed of by LWR.  Any substance or waste which is not properly characterized and documented will be assumed by LWR to be hazardous waste, and transported and disposed accordingly. Client agrees to defend, hold harmless and indemnify LWR from and against any and all claims and liabilities in connection with the Client’s failure to characterize or Client’s mischaracterization of any  substance or waste, unless caused by LWR’s negligence or willful acts.

Limitation of Liability

5.       LWR shall be liable to Client only for direct damages that result solely from LWR’s negligence or willful misconduct in the performance of its services.  In no event shall LWR’s liability exceed the amount of LWR’s applicable insurance. 

Indemnity

6.       Client agrees to the maximum extent permitted by law to defend, hold harmless, and indemnify LWR from and against any and all claims and liabilities in connection with client’s wastes, including but not limited to: 

                 (a)      Client’s violation of any federal, state or local statute, regulation or ordinance relating to the disposal of hazardous substances or wastes;

                 (b)      Client’s undertaking of or arrangement for the handling, removal, treatment, storage, transportation, or disposal of hazardous substances or wastes from the site; or

                 (c)      Allegations that LWR is a handler, generator, operator, treater, storer, transporter, or disposer of hazardous waste under any federal, state, or local statute or regulation.