Environmental Storage Tank Replacement Form

Environmental Storage Tank Replacement Form

Parties

Recitals

WHEREAS, Owner operates an active facility located at (the facility is herein the "Site") which contains one or more regulated underground or aboveground storage tanks; and

WHEREAS, Owner requires removal and replacement of the existing storage tank(s) identified as Tank ID(s): due to ; and

WHEREAS, Contractor represents that it has the technical capability, personnel, equipment, licenses, and insurance to perform tank removal, replacement, testing, and environmental controls in accordance with applicable laws and industry standards.

Scope of Work

Contractor shall furnish all labor, materials, equipment, permits, testing, and supervision necessary to complete the removal, replacement, installation, and commissioning of the storage tank(s) at the Site in accordance with the following description and attachments. The Scope of Work below controls over conflicting provisions elsewhere in this form.

Tank Specifications

Permits, Testing & Compliance

Contractor shall obtain and maintain all required permits and shall perform required pre- and post-installation tests. Permit numbers or authorizations already obtained:

Environmental Protection & Waste Handling

Payment Terms

Total Contract Price:

Late Payment Fee:

Term & Termination

Term Commencement Date:    Term Completion Date:

Notice Period for Termination (for convenience):

Termination for Cause: Either party may terminate immediately upon material breach by the other party that remains uncured for a period of following written notice. Upon termination, Contractor shall secure the Site and shall provide Owner with a final accounting of work performed and costs due for work completed.

Confidentiality

Each party shall hold confidential and not disclose to any third party any non-public technical, commercial, or environmental information of the other party obtained in connection with this Agreement, except as required by law, regulation, or a competent regulatory authority. Confidential information shall not include information that (a) is or becomes generally available to the public other than by breach of this Agreement; (b) is lawfully obtained from a third party without restriction; or (c) is independently developed without use of confidential information of the disclosing party.

Indemnity, Insurance & Warranties

Contractor shall indemnify, defend, and hold harmless Owner and its representatives from and against all claims, liabilities, losses, damages, and expenses arising out of Contractor's performance of the Scope of Work, except to the extent caused by Owner's gross negligence or willful misconduct. Contractor shall maintain at its own expense commercial general liability, pollution liability, workers' compensation, and any other insurance required by law or by Owner in amounts reasonably sufficient for the Work. Contractor warrants that all replaced and newly installed tanks and related work will be free from defects in materials and workmanship for a period of .

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles.

Entire Agreement

This form, together with any referenced attachments, schedules, and approved change orders, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations, representations, and agreements, whether written or oral. No amendment to this Agreement is effective unless in writing and signed by both parties.

Acknowledgments & Certifications

By signing below, Contractor certifies that it will perform the Work in compliance with all applicable environmental laws and industry standards, will promptly report any releases of regulated substances to the appropriate authorities as required by law, and will maintain records of testing, manifests, and disposal for Owner's review upon request.

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