Oil Tank Sweep Inspection

OIL TANK SWEEP INSPECTION AGREEMENT

Effective Date:

Parties

WHEREAS

WHEREAS, Provider is qualified and experienced in conducting oil tank sweep inspections, including electronic detection, visual assessment, and limited sampling, and maintains equipment and personnel trained for such inspections; and

WHEREAS, Client desires Provider to perform an Oil Tank Sweep Inspection at the property identified below for the purpose of detecting the presence, condition, and potential release from aboveground and/or underground oil tanks and associated piping; and

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

Inspection Location & Property Information

Tank Type: Aboveground Underground

Fuel Type: Heating Oil Diesel Other

Scope of Work

Provider shall perform an Oil Tank Sweep Inspection at the Inspection Address. The inspection will include, at Provider's discretion and as accessible: visual assessment of tank(s) and piping, electronic sweep for anomalies suggestive of buried tanks or releases, limited probe sampling for confirmation where permitted, and photographic documentation. Provider will prepare and deliver a written Inspection Report summarizing methods, findings, and recommendations.

Inspection Procedures

Procedures to be performed (check all applicable):

Visual inspection of accessible tanks, piping, and fill/vent areas
Electronic sweep / metal detector / ground conductivity
Ground-penetrating radar (if available and agreed)
Probe / limited soil sampling for confirmation (where permitted)
Review of available site records and observable telemetry

Findings and Recommendations

Payment Terms

Client shall pay Provider the fees set forth below in consideration for the Services. Unless otherwise agreed in writing, fees are due in accordance with the schedule described herein.

Unless otherwise specified, deposit is non-refundable once work is scheduled and Provider has mobilized personnel. Client shall pay reasonable collection costs and attorney fees for overdue amounts.

Term and Termination

This Agreement commences on the Effective Date and continues until completion of the Services or termination as provided below.

Either party may terminate for material breach if the breach remains uncured for the notice period above. Upon termination, Client will pay Provider for Services performed through the effective date of termination and for reasonable demobilization expenses.

Confidentiality

Each party shall maintain in confidence all non-public information disclosed by the other party in connection with this Agreement. Provider's Inspection Report will be delivered to Client and shall be treated as confidential by both parties except as necessary for implementation of recommendations, compliance with applicable law, or as required by a court of competent jurisdiction. Confidentiality obligations remain in effect for a period of three (3) years following delivery of the Inspection Report, except for trade secrets which remain protected for as long as permitted by law.

Limitations of Liability & Indemnity

Provider's services are limited to non-intrusive and limited intrusive methods as described herein. Provider does not warrant that the Inspection will detect all tanks, piping, or releases. Provider's liability for any claim arising out of this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount paid by Client to Provider under this Agreement. Neither party shall be liable for consequential, incidental, special, or punitive damages, except liability arising from gross negligence or willful misconduct. Client shall indemnify and hold Provider harmless from third-party claims arising from Client's failure to disclose known site conditions or to obtain necessary permissions.

Insurance

Provider shall maintain commercial general liability and professional liability insurance in amounts customary for the industry. Upon reasonable request, Provider will provide certificates of insurance evidencing coverage.

Access, Safety and Hazard Notification

Client shall provide unencumbered access to the Inspection Address, disclose known hazards, and ensure safe working conditions. Provider may suspend work if unsafe conditions are encountered and will resume when hazards are corrected; additional charges may apply.

Delivery of Report

The Inspection Report will describe methods used, observations, limitations, and recommended next steps. Report delivery times are estimates and subject to sample analysis turnaround if sampling is conducted.

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 law principles.

Entire Agreement

This Agreement, including the Scope of Work and any attachments signed by the parties, constitutes the entire agreement between Provider and Client with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, whether written or oral. Any modification must be in writing and signed by both parties.

Miscellaneous Provisions

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that Provider may assign to an affiliate or in connection with a sale of substantially all of its assets.

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