Asbestos Bulk Handling Agreement

ASBESTOS BULK HANDLING AGREEMENT

This Asbestos Bulk Handling Agreement (the Agreement) is entered into as of Effective Date: by and between Owner/Generator Name: with principal place of business at (hereinafter "Owner") and Contractor Name: with principal place of business at (hereinafter "Contractor").

RECITALS

WHEREAS, Owner conducts operations at the site known as Site Name: located at , and has identified suspected or confirmed asbestos-containing bulk material requiring handling, removal, transport and disposal; and

WHEREAS, Contractor represents that it is licensed, trained and equipped to handle, package, transport and arrange for disposal of asbestos-containing bulk materials in accordance with Applicable Laws and industry standards; and

WHEREAS, the parties desire to set forth their respective obligations, fees and procedures for the safe handling, characterization, packaging, transport and disposal of asbestos-containing bulk materials at the Site.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. DEFINITIONS

1.1 "Applicable Laws" means all federal, state and local statutes, regulations, rules, ordinances and orders applicable to the handling, packaging, transport, storage and disposal of asbestos-containing materials, including worker protection and waste management requirements.

1.2 "Bulk Asbestos Material" means friable or non-friable materials identified by testing or reasonable suspicion as containing asbestos that require removal, packaging or air monitoring pursuant to Applicable Laws.

2. SCOPE OF SERVICES

2.1 Contractor shall provide all labor, supervision, equipment, materials and services necessary to perform the work described in the Work Plan attached hereto or summarized as follows:

2.2 Project Start Date: . Estimated Completion Date: .

3. WORK PLAN, PERMITS AND NOTIFICATIONS

3.1 Contractor shall prepare and submit to Owner a written Work Plan describing containment, removal, packaging, labeling, transport, disposal and decontamination procedures. The Work Plan shall include air monitoring, personal protective equipment, disposal manifest procedures and emergency response measures and shall comply with Applicable Laws.

3.2 Contractor shall obtain and maintain all required permits, approvals and notifications required by Applicable Laws prior to performing work, and shall provide Owner with copies of such permits and notifications upon request.

4. SAFETY, TRAINING AND EQUIPMENT

4.1 Contractor shall ensure that all personnel performing work under this Agreement have received training required by Applicable Laws for asbestos handling, and shall maintain training records for inspection by Owner or regulatory authorities.

4.2 Contractor shall supply and require use of appropriate personal protective equipment (PPE), respiratory protection, decontamination facilities and air monitoring equipment. All equipment shall be maintained in safe and legally compliant condition.

5. AIR MONITORING, SAMPLING AND REPORTING

5.1 Contractor shall conduct air monitoring and bulk sampling as required by Applicable Laws and the Work Plan. Contractor shall retain certified laboratories for analysis and shall provide Owner with copies of all laboratory reports, chain-of-custody records and monitoring data within the timeframes required by Applicable Laws.

6. PACKAGING, TRANSPORT AND DISPOSAL

6.1 Contractor shall package, label and transport asbestos-containing bulk materials to disposal facilities that are authorized to accept such wastes. Contractor shall prepare and retain manifests and disposal certificates and shall deliver copies to Owner promptly upon completion of transport and disposal.

7. PAYMENT

7.1 Owner shall pay Contractor for services performed under this Agreement in accordance with the fee schedule selected below, subject to adjustment for unforeseen conditions pursuant to Section 7.3.

7.2 Payment Terms: Invoices submitted by Contractor shall be payable within days of receipt, unless otherwise agreed in writing.

7.3 Unforeseen Conditions: If Contractor encounters conditions that materially increase cost or hazard (including but not limited to concealed asbestos, suspect contamination beyond the Work Plan scope), Contractor shall notify Owner and may propose a change order. No change order shall be effective without written approval by Owner.

8. INSURANCE

8.1 Contractor shall maintain insurance coverages customary for asbestos abatement work, including commercial general liability, employers' liability, automobile liability and contractor's pollution/abatement liability. Minimum limits shall be as follows:

8.2 Contractor shall provide certificates of insurance upon request and shall name Owner as an additional insured with respect to work performed under this Agreement to the extent permitted by the policy.

9. REPRESENTATIONS, WARRANTIES AND COMPLIANCE

9.1 Contractor represents and warrants that it is duly qualified and licensed to perform asbestos abatement work where required, that all work will be performed in a professional and workmanlike manner in accordance with Applicable Laws, and that Contractor will employ only trained personnel.

9.2 Owner represents that it has disclosed to Contractor all known information regarding asbestos-containing materials at the Site and will cooperate with Contractor by providing access and any available testing data.

10. INDEMNIFICATION

10.1 Contractor shall indemnify, defend and hold harmless Owner and its officers, agents and employees from and against all liabilities, claims, damages, fines, penalties, costs and expenses (including reasonable attorneys' fees) to the extent arising out of Contractor's negligent acts, omissions or willful misconduct in performing the Work, or Contractor's failure to comply with Applicable Laws.

10.2 Owner shall indemnify, defend and hold harmless Contractor to the extent third-party claims arise out of Owner's breach of representations in this Agreement or Owner's negligence unrelated to Contractor's performance.

11. LIMITATION OF LIABILITY

Except to the extent caused by willful misconduct or gross negligence, neither party shall be liable to the other for incidental, special or consequential damages, lost profits or business interruption damages arising under or relating to this Agreement.

12. TERMINATION

12.1 Either party may terminate this Agreement for material breach by the other party if such breach remains uncured for thirty (30) days following written notice. Contractor may suspend work immediately if conditions present an imminent threat to health or safety.

13. RECORDS, ACCESS AND AUDIT

13.1 Contractor shall maintain records of manifests, training, monitoring and disposal for a period of at least three (3) years following completion of the Work and shall make such records available to Owner and regulatory authorities upon reasonable request.

14. NOTICES

All notices required or permitted hereunder shall be in writing and delivered by hand, nationally recognized overnight courier, or certified mail to the addresses below or such other addresses as either party may designate in writing.

15. AMENDMENTS, WAIVER AND ASSIGNMENT

15.1 This Agreement may be amended only by a written instrument signed by both parties. No waiver shall be effective unless in writing and signed by the party granting the waiver. Neither party may assign this Agreement without the prior written consent of the other, except that Contractor may subcontract performance to qualified subcontractors provided Contractor remains responsible for performance.

16. FORCE MAJEURE

Neither party shall be liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, governmental actions, strikes, riots, or severe weather, provided the affected party gives prompt notice and uses commercially reasonable efforts to resume performance.

17. GOVERNING LAW, ENTIRE AGREEMENT, SEVERABILITY

17.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles.

17.2 Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.

17.3 Severability: If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect and shall be construed to effectuate the parties' intent.

18. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one instrument. Facsimile or electronic signatures shall be deemed original signatures for all purposes.

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