Legal Tank Application

LEGAL TANK APPLICATION

This Legal Tank Application (the "Application") is submitted as of Effective Date: by Applicant Name: whose principal place of business is at and Owner/Operator: with business address .

RECITALS

WHEREAS, Applicant seeks authorization for installation, operation, modification, or registration of one or more storage tanks described herein at Facility Location: ; and

WHEREAS, Owner/Operator represents that it has legal authority over the foregoing Facility and will ensure compliance with applicable environmental, safety, and public health obligations in connection with the tanks and associated systems; and

WHEREAS, the parties intend by this Application to set forth the technical characteristics, compliance commitments, inspection access and allocation of responsibilities for the subject tank(s).

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties agree as follows:

1. APPLICATION AND SCOPE

1.1 Purpose. This Application constitutes a formal request to register, approve, or document the subject tank(s) and to memorialize the parties' operational, inspection and liability arrangements. The scope includes the tank(s) listed in Section 2 and associated ancillary equipment, piping, containment and monitoring systems.

2. TANK IDENTIFICATION AND TECHNICAL DATA

Aboveground Underground Stationary Mobile

Yes No If yes, describe:

3. COMPLIANCE, CERTIFICATIONS AND REPRESENTATIONS

3.1 Applicant and Owner/Operator each certify that, to the best of their knowledge, the tank information provided in this Application is true and accurate and that the tank will be installed, operated, maintained and ultimately decommissioned in accordance with applicable statutes, regulations, ordinances and recognized industry standards.

3.2 Regulatory and Safety Compliance. Applicant acknowledges duty to obtain any required permits and to comply with environmental, fire safety and hazardous materials requirements. Applicant affirms it will maintain records of inspections, monitoring reports, repairs and corrective actions and will furnish such records to Owner/Operator or its designee upon request.

3.3 Representations. Each party represents that it has full right and authority to enter this Application and to perform its obligations hereunder and that execution of this Application will not violate any material agreement or legal obligation binding such party.

4. INSPECTIONS, ACCESS, MAINTENANCE AND REPORTING

4.1 Access. Owner/Operator grants Applicant and duly authorized inspectors safe and reasonable access to the Facility for inspection, testing, monitoring, maintenance and emergency response. Such access shall be upon prior notice except in emergency circumstances.

4.2 Maintenance and Reporting. Applicant shall perform routine maintenance and corrective actions as required and shall promptly notify Owner/Operator in writing of any release, suspected release, or noncompliance event and shall furnish investigation and corrective action reports.

5. FEES, INSURANCE AND FINANCIAL RESPONSIBILITY

5.1 Financial Responsibility. Applicant and Owner/Operator shall maintain financial responsibility sufficient to address corrective action and third-party claims resulting from releases or accidents associated with the tank, as required by applicable law or as otherwise agreed between the parties.

6. INDEMNIFICATION AND LIMITATION OF LIABILITY

6.1 Indemnity. To the fullest extent permitted by law, Applicant agrees to indemnify, defend and hold harmless Owner/Operator and its affiliates, agents and employees from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from Applicant's negligent acts or omissions, willful misconduct, or breach of this Application in connection with the tank.

6.2 Limitations. Nothing in this Application shall be construed to waive, limit, or otherwise affect any rights or remedies available to either party under applicable law for violations that give rise to civil, administrative, or criminal penalties.

7. NOTICES

All notices required or permitted under this Application shall be in writing and delivered to the addresses below by certified mail, overnight courier or personal delivery. Notice shall be effective upon receipt.

8. AMENDMENTS, WAIVER AND COUNTERPARTS

8.1 Amendment. This Application may be amended only by a written instrument executed by both parties.

8.2 Waiver. Failure by either party to enforce any provision of this Application shall not constitute a waiver of that provision or subsequent enforcement.

8.3 Counterparts. This Application may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument.

9. GOVERNING LAW, ENTIRE AGREEMENT, SEVERABILITY

9.1 Governing Law. This Application shall be governed by and construed in accordance with the laws of the jurisdiction selected by the parties:

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

9.3 Severability. If any provision of this Application is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Application shall remain in full force and effect.

10. ADDITIONAL INFORMATION

CERTIFICATION

The undersigned authorized representatives of Applicant and Owner/Operator certify under penalty of perjury that the information contained in this Application and in any attached documents is true, correct and complete to the best of their knowledge, and acknowledge their respective continuing obligations with respect to operation, monitoring, reporting, financial responsibility and corrective action associated with the tank(s) described herein.

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