Recycling Form

Recycling Services Agreement and Recycling Form

Parties and Effective Date

Provider Name:     Generator Name:

Effective Date:

Recitals

WHEREAS, Provider operates a licensed recycling and collection service for non-hazardous recyclable materials and possesses the equipment, personnel and permits necessary to collect, transport and process recyclable materials in compliance with applicable law; and

WHEREAS, Generator generates recyclable materials and desires Provider to collect, transport and process such materials under the terms set forth in this Agreement and to provide documentation of proper handling; and

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

Scope of Work

Provider shall collect recyclable materials at the following address(es):

Materials and Containers

Provide an itemized description of materials to be collected. Indicate container size, estimated monthly quantity, and whether material may contain hazardous constituents.

Description:    Container Size:    Est. Monthly Quantity:

Contains or may contain hazardous materials     Accepted by Provider

Description:    Container Size:    Est. Monthly Quantity:

Contains or may contain hazardous materials     Accepted by Provider

Hauler Information and Compliance

Provider represents and warrants that it will perform collection, transportation and processing in accordance with all applicable environmental and transportation laws, maintain required permits and retain manifests and records for a minimum of three years.

Pickup Schedule

Service Frequency (select one):   Weekly   Biweekly   Monthly   On-call pickup

Payment Terms

Fee Amount: $     Payment Schedule:

Late Payment: Provider may charge a late fee of on overdue balances. Generator shall also be responsible for reasonable collection costs and attorney fees incurred by Provider in enforcing payment.

Term and Termination

Term Start Date:     Term End Date:

Either party may terminate this Agreement for convenience upon days prior written notice. Provider may terminate immediately for Generator's breach relating to hazardous materials or misrepresentation of material composition.

Confidentiality

Each party shall maintain as confidential all non-public business information disclosed by the other party in connection with this Agreement, including pricing, manifests, facility locations and customer lists, and shall not disclose such information except to employees, contractors or regulators with a need to know or as required by law. Confidential information does not include information that (a) is or becomes public other than through a breach of this Agreement, (b) was lawfully known to the receiving party prior to disclosure, or (c) is independently developed without use of the disclosing party's confidential information.

Insurance, Indemnification and Liability

Provider shall maintain commercial general liability, automobile and pollution liability insurance at commercially reasonable limits and provide evidence of coverage upon request. Generator shall indemnify, defend and hold Provider harmless from claims arising out of Generator's delivery of prohibited or hazardous materials, or misrepresentation of waste composition. Except for willful misconduct or gross negligence, neither party shall be liable to the other for incidental or consequential damages.

Certificates, Manifests and Records

Provider shall furnish, upon each collection or upon request, documentation evidencing proper chain-of-custody and disposition, including manifests or written certificates of recycling. Provider will retain collection records for a minimum of three years and make them available to Generator upon reasonable request.

Governing Law and Entire Agreement

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 any schedules or exhibits attached hereto, constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings, whether written or oral.

Generator Certifications

Generator certifies that, to the best of its knowledge, the materials presented for collection do not constitute hazardous waste under applicable law, are properly classified and packaged, and that Generator will notify Provider immediately of any change in composition or potential hazards.

Generator certifies materials are non-hazardous as described above.

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