Waste Management Hazardous Waste Management

Hazardous Waste Management Agreement

This Hazardous Waste Management Agreement (the Agreement) is entered into as of Effective Date: by and between:

RECITALS

WHEREAS, Client generates or possesses materials that are classified as hazardous, regulated, or otherwise requiring specialized handling, transportation, treatment or disposal; and

WHEREAS, Contractor is duly qualified, licensed and equipped to provide hazardous waste management services, including characterization, collection, packaging, transport and disposal, and represents that Contractor will perform such services in accordance with applicable statutes, regulations and accepted industry practices; and

WHEREAS, Client desires to retain Contractor to provide hazardous waste management services on the terms and conditions set forth herein, and Contractor agrees to provide such services.

SCOPE OF WORK

Contractor shall provide hazardous waste management services as described below. Contractor will perform all services in a workmanlike manner and in compliance with all applicable legal requirements governing the classification, packaging, labeling, storage, transportation, treatment, recycling and disposal of hazardous materials.

WASTE CHARACTERIZATION AND HANDLING

Client shall provide accurate information regarding the type, composition and estimated quantity of waste to be managed. Contractor may require sampling or analysis prior to acceptance. Client certifies that the waste described below is complete and accurate to the best of Client's knowledge.

CONTAINERIZATION, LABELING AND STORAGE

Contractor shall accept wastes only in containers that meet industry standards and regulatory requirements. Client shall ensure wastes are stored and labeled properly prior to collection. Contractor may refuse acceptance of improperly packaged or unlabeled materials and shall notify Client.

TRANSPORT, MANIFESTING AND RECORDS

Contractor shall arrange transportation and final treatment, recycling or disposal at licensed facilities and shall provide manifests, shipping papers and written records of disposition. Contractor shall retain records for a minimum period as required by applicable law and shall provide copies to Client upon reasonable request.

PAYMENT TERMS

Client shall pay Contractor for services rendered in accordance with the following terms. Unless otherwise agreed in writing, payment obligations are not contingent on third party reimbursement.

TERM AND TERMINATION

This Agreement commences on Start Date and, unless earlier terminated in accordance with this Section, continues until End Date or until completion of all obligations set forth herein.

Start Date:     End Date:

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within the notice period specified above. Immediate termination is permitted where continuing performance would present an imminent threat to health, safety or the environment.

CONFIDENTIALITY

Each party shall maintain in confidence all non-public information obtained from the other party in connection with this Agreement and shall not disclose such information except to its employees, contractors, or advisors who have a need to know and who are bound by confidentiality obligations no less protective than those set forth herein. Confidentiality obligations survive termination of this Agreement for a period of three (3) years, except that proprietary technical information and trade secrets shall remain confidential for the period required by law.

INSURANCE, INDEMNIFICATION AND LIABILITY

Contractor shall maintain, at Contractor's expense, insurance coverage customary for hazardous waste transport and disposal contractors, including commercial general liability, pollution liability and automobile liability. Contractor agrees to indemnify, defend and hold harmless Client from liabilities, claims and costs arising from Contractor's negligent acts or omissions in performance of this Agreement. Client shall indemnify Contractor for liabilities arising from Client's misrepresentation of waste characterization, improper packaging or other breaches of this Agreement.

COMPLIANCE WITH APPLICABLE LAWS

Each party shall comply with all applicable laws, regulations and permits governing hazardous materials, environmental protection, occupational health and transportation. Contractor's performance shall include compliance with manifesting, reporting and chain-of-custody requirements. Client agrees to cooperate with Contractor and to provide access and documentation necessary to satisfy regulatory obligations.

GOVERNING LAW

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

ENTIRE AGREEMENT

This Agreement, including any exhibits, schedules and written amendments executed by the parties, constitutes the entire agreement between Client and Contractor with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings, whether written or oral. No oral modifications shall be binding; any amendment must be in writing and signed by both parties.

NOTICES

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