Hazardous Material Removal Form

HAZARDOUS MATERIAL REMOVAL AGREEMENT

Client Name:    Contractor Name:

Project / Site Name:

Site Address:

WHEREAS

WHEREAS, Client requires the removal, handling, transport and lawful disposal of identified hazardous materials at the Site identified above in accordance with applicable law and sound industrial hygiene and environmental practice; and

WHEREAS, Contractor represents that it is licensed, trained and equipped to perform hazardous material removal services, to prepare required manifests and chain-of-custody documentation, and to comply with applicable permitting, notification and disposal requirements;

WHEREAS, the parties desire to set forth the scope, terms, payment and liability allocation for the work to be performed;

SCOPE OF WORK

Disposal Method(s) to be used:

PERMITS, NOTIFICATIONS & CERTIFICATIONS

Contractor will provide copies of permits, transport manifests and disposal receipts to Client within calendar days following removal.

PAYMENT TERMS

Late Payment Fee:

Invoices submitted by Contractor are due within days of receipt. Client shall withhold uncontested portions only; disputes shall be resolved in good faith.

TERM AND TERMINATION

Term Commencement Date:    Term Completion Date:

Either party may terminate for material breach if the breaching party fails to cure within days after written notice. Client may terminate for convenience upon days' written notice; Client shall pay Contractor for work performed and documented costs incurred through termination date.

CONFIDENTIALITY

Each party shall maintain as confidential all non-public technical, business and environmental information obtained in connection with this Agreement. Confidential information does not include information that is or becomes generally known to the public through no breach by the receiving party, or is required to be disclosed by law, regulation or valid order of a court or regulatory agency, provided the receiving party gives prompt notice to the disclosing party when disclosure is sought so that protective measures may be pursued.

Client acknowledges that Contractor may disclose limited confidential information to its subcontractors, transporters and disposal facilities on a strictly need-to-know basis, and Contractor remains responsible for compliance by such parties.

Client acknowledges and agrees:   I acknowledge the confidentiality provisions above.

LIABILITY, INSURANCE & INDEMNITY

Contractor shall maintain insurance for environmental liability, general liability and worker's compensation as required by law and shall deliver certificates of insurance upon request. To the extent permitted by law, Contractor indemnifies Client from Contractor's negligent acts or omissions in performance of the work, subject to any limitations expressly set forth in this Agreement.

WASTE MANIFESTS & CHAIN OF CUSTODY

Contractor will prepare and retain all transport manifests and chain-of-custody records and will provide copies to Client. Initial manifest number (if known):

SITE ACCESS, SAFETY & NOTIFICATIONS

Are there known asbestos, lead-based paint, PCBs or other special regulated materials at the Site?   Asbestos   Lead   PCBs

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where the Site is located without regard to conflict of laws principles. The parties consent to the exclusive jurisdiction of the courts located in that jurisdiction for any dispute arising from this Agreement.

ENTIRE AGREEMENT

This Agreement, including all referenced attachments, manifests, permits and change orders executed in writing by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and representations, whether written or oral. Any amendment must be in writing and signed by both parties.

NOTICES

ADDITIONAL PROVISIONS

Subcontracting: Contractor may engage qualified subcontractors, provided Contractor remains responsible for their performance and compliance with this Agreement. Subcontractor identification:

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