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HomeMy WebLinkAboutMiscellaneous - 1077 OSGOOD STREET 4/30/2018 (16) 10 7 0 . I f i V 1 1 l I I f I Date. . . Of Mp DT/y 6. o? �' TOWN OF NORTH ANDOVER PERMIT FOR GAS INSTALLATION 4![ '�f,SSAC MUSEt This certifies that . . . . . . !.? . T has permission for.gas installation . . . . . . . . . . . . . . . . . . . . . in the buildings of . . . . C. . . . . . . . . . . . . . . at . . le': ?. ? . .i�?S: S,`. . . . . . . . . . . .. North Andover, Mass. Fee.2��. �'v. Lic. No..�?. GAS INSPECTOR Check# Ji (, 5 / 72 + 3 i MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO GASFITTING 2 3 �C-\ 10 A 1`t! �L Mass. Date 20 /U Permit 4 _ uildmg Location /" 77 OS G ST Owner's Name 13uTC, FQ Rd —tz: CTS!N7' Type of Occupancy C O/`", NeNN ❑ Renovation ❑ Re.lacenient ©I Plans Submitted: Yes❑ No❑ � U Vro � � Q � � o � W cW7Ew• v' � ¢ Wx � � co o3Qn.,U f:) SLT3-BASEMENT BASEMENT FIRST(1 ST)FLOOR SECOND(2ND)FLOOR THIRD(;RD)FLOOR FOURTH(4TH)FLOOR FIFTH(5TH)FLOOR 4 SIXTH(6TH)FLOOR SEVENTH(7TH)FLOOR EIGHTH(STH)FLOOR Imtallino Company Name L ,,.� : C Address I .L ti j'' Check one: Certificate IV A rt..I'yy V�j 11A- 0 i V4 f— B-Cbrporation Business Telephone e" k>S f '1 ❑ Partnership Name of Licensed Plumber or Gasfitter �/ �/=F u e A 'o lj- ❑ Firm/Co. T INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142 Yes No❑ If you have checked yes,please indicate the type of coverage by checking the appropriate box. A hability insurance pohc\- 0---- Other hpe of indenuuty ❑ Bonn ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the MGL,and that my signature on this permit application waives this requirement. Si:'tiattue of(M-Der or()\\-ner's Agent Owner ❑ Agent ❑ I.hereby certify that all of the details and information I have submitted(or entered)in above application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under the permit issued for this application will be in compliance with all pertinent provisions of t ,Iassachusctts State Gas Code and Chapter 142 of the General Laws. .f By Title Type of License: p-FCumber 1J 5---ter Si a i of Licensed-Aurnber/Gasfitter City/TownCiiy/To 'c E] Gasfitter ❑ Journeyman License Number APPROVED OFFICE USE ONLY) White St. Paint & Wallpaper Co . , Inc . �ff�- Tpa lja ml,W"- A Z f�Z 'V/J� 15 Broadway, P.O. Box 342 • Lawrence, MA 01842 (978) 688-6078 FAX (978)683-4106 419 So. Broadway, Rte. 28 Mall • Salem, NH 03079 (603) 890-5345 FAX (603) 890-3435 399 So. Main Street • Haverhill, MA 01835 • (978)374-4320 FAX(978) 374-8280 February 8, 2000 Mr. Robert Nicetta No. Andover Bldg. Dept. 120 Main Street No.Andover, MA 01845 Dear Mr. Nicetta; I Pailsoperation. ucted by Mr. Tom Yameen of Butcher Boy Plaza, located 10ood Street, to provide you with information regarding m It is my intention to open a high end decorating center providing wallpaper, drapery and custom interiors as well as paint and decorating products. This outlet will be strictly retail, providing products and services to the homeowner market. There will be absolutely no manufacturing or production of hazardous materials at this location. Please note with regard to our tinting machine: The newtinting machine is self contained, computer operated, and virtually maintenance free. The manufacturing company is responsible for making all necessary repairs, including proper removal and disposal of all obsolete parts and excess tint colorant. Should you need further information please contact me directly at the Lawrence location listed above. CaRards, Gold President F 1 0 2Qt�0 � RUILID JNG DEi"T Vi ENT White St. Paint & Wallpaper Co . , Inc . , —qPhqba 1W' sf 15 Broadway, P.O. Box 342 • Lawrence, MA 01842 (978) 688-6078 FAX(978) 683-4106 419 So. Broadway, Rte. 28 Mall • Salem, NH 03079 (603) 890-5345 FAX(603)890-3435 399 So. Main Street • Haverhill, MA 01835 • (978)374-4320 FAX (978) 374-8280 February 8, 2000 Mr. Robert Nicetta No. Andover Bldg. Dept. 120 Main Street No.Andover, MA 01845 Dear Mr. Nicetta; I was instructed by Mr. Tom Yameen of Butcher Boy Plaza, located at 1077 Osgood Street, to provide you with information regarding my retail operation. It is my intention to open a high end decorating center providing wallpaper, drapery and custom interiors as well as paint and decorating products. This outlet will be strictly retail, providing products and services to the homeowner market. There will be absolutely no manufacturing or production of hazardous materials at this location. Should you need further information please contact me directly at the Lawrence location listed above. Regards, ld President t 2Q�0 0 LISUL�1�� The FastTint 5000TM Automatic Colorant Dispenser from Highland Laboratories ■ Mirror&Clear LexanTM Covers The Highland Automatic- Allow viewing of Colorant levels x FastTint 5000TM Colorant ■ "Computer Precise Automatic" " dispenser combines the most fingertip control. beneficial features of automatic ■ Rapid formulation and recalculation colorant dispensers with state-of- to percentage or different can sizes. I the-art electronics to produce a unique machine that is extremely ■ Automatic agitation;user adjustable r "user friendly".The use of stand- Pr ■ Standard size monitor and keyboard, `. and PC compatible computer hard- means easy task input. ` • !�, ware such as monitors, keyboards, ■ Computer displays status of current UJJfloppy drives and internal Pentium class formula,"tracks"tinting and number computer components allows for maximum of cans selected. +,', ;;*;, �* flexibility, minimum downtime, and proven ■ Convenient external floppy drive. , ,+�t++ �,+} , 'N'\ l reliability. ■ Motorized shelf with can in-place \I This is a First Generation of compact sensor is controlled by a single Automatics from Highland Laboratories, a touch of a key. ' truly versatile machine that has evolved ■ Optional label printer connects to from our field tested and proven,very standard printer parallel port. reliable Semi-Automatics.This machine will ■ Available in 12,14,and 16(3.75 handle your tinting needs well into the next quart)colorant canisters. century. ■ Wheels allow easy positioning. `Computer Precise Automatic"tinting gives you fingertip and automatic control of the machine ..........You simply select the formula using either name or number, specify the can's size and press the Choice of Either(specify): — dispense key. Formulas are multiplied, The rubber exit cluster is molded with divided or modified (for first coat require- individual valves for each colorant. The ments) automatically.There is a convenient colorant forces the valve open only when " external floppy drive so formula systems dispensing. Helps prevent overnight drying ,.' of colorant in the lines. can be quickly and easily updated.An s` optional label printer may be purchased The Cone exit cluster is specifically designed $ x either from Highland or a local source.The for tinting through a hole in the lid. Hole s motorized can shelf moves up and down. diameter must be 1 1/4 inch (32mm)or greater. Once tinting cycles are determined the Options: ` . r .` machine optimizes the duration of cycle to ■ 12, 14 or 16 Canisters ■ bFf `�11 match colorant and makes the process Specify Colorant automatic. ■ Printer with cable System Divisions &Colorant Letters When you buy a machine from Highland ■ Integral Hand Held U.S.fluid ounces Laboratories you are also buying our Color Analyzer ■ (1Y=29 57 ml). commitment o continuous) upgrade our (available for some Metric y pg systems), Inquire Metric .35). "post-sales service".We routinely ship parts ■ Rubber exit cluster ■ 11 o volt,60 Hz _ orders and provide you with answerstoyour -or- ' '° questions within one working day 96%of Cone exit cluster 220 volt,60 Hz 220 volt,50 Hz the time. The First Super Compact generation of � Automatics is at Highland Laboratories ^N E � � today delivering excellent quality, accuracy, " �� and service.The FastTint 5000Tm Automatic .___._--- , ...The affordable gateway to tinting into the 16 (406mm) _ _ ... next century. _ RECEIVED E E E E FEB 14 2000 Operator friendly graphical interface with clear,easy to use task windows B U f L D f N G DEPT. Made in the U.S.A. � 24" 25" 12'• 610mm)� (635mm)�(305mm� U.S.A. ENGLAND AB ICH AND 159 Chestnut Street,Ashland,MA 01721 U.S.A. 19,Oakfield Road, Poynton,Cheshire Sk12 1AR, England ESTABLISHED ORATORIES (508)881-1570 FAX(508)881-5760 TEL: 01625 874326 FAX: 01625 879202 H1953 INC. Fast-rint 5000 is a trademark of Highland Laboratories Inc. Printed in the U.S.A.9/99 P/N 5000-9999 Lexan is a registered trademark of the General Electric Co. 414 The FastTint 5000TM_Automatic Colorant Dispenser from Highland ® . ts. ;.., n : x "ZI, Y x' Master the subtei of automatic, highmtech t a White St. Paint & Wallpaper Co. Inc. A'A - V.*j" - Y 50 15 Broadway, P.O. Box 342 Lawrence, Massachusetts 01842 vlc�f\ 'No White St . Paint & Wallpaper Co . , Inc . Aahmv- 61Ph#1ja,��-Azu 41Jay0&6-, 15 Broadway, P.O. Box 342 • Lawrence, MA 01842 (978) 688-6078 FAX(978)683-4106 419 So. Broadway, Rte. 28 Mall • Salem, NH 03079 (603) 890-5345 FAX(603) 890-3435 399 So. Main Street • Haverhill, MA 01835 • (978) 374-4320 FAX(978) 374-8280 February 14, 2000 Mr. Robert Nicetta No. Andover Bldg. Dept. 120 Main Street No.Andover, MA 01845 Dear Mr. Nicetta; In response to your most recent request I have obtained a copy of a service agreement from Safety-Kleen regarding the disposal of any hazardous materials, such as soiled rags, all paint residue, etc. Safety-Kleen would drop a receptacle at our site, which would be located within the retail space, and would be removing this unit on an as needed basis. We have also inquired about a Haz-Mat Response Kit through our Benjamin Moore dealer. This kit includes a water resistant container, and includes all necessary equipment to clean up and contain any minor spills. I would be willing to make our occupancy permit contingent upon the execution of the above mentioned service agreement and keeping on site the Haz-Mat Response Kit. Should you need further information please contact me directly at the Lawrence location listed above. qIra Gol ident g�LLAT �r�i,'' E� MINCO CORPORATION February 14, 2000 Mr. Robert Nicetta North Andover Building Department 15 Charles Street North Andover, MA 01845 Re: White Street Paint Dear Mr. Nicetta: Enclosed is a service contract from Laidlaw Environmental. Laidlaw has stated that a hazardous waste container, of approximately 55 gallons in size, would be placed within the retail space and removed on a "as needed" basis. Ira Gold of White Street Paint has indicated that he would execute this contract prior to occupancy of the retail space, therefore making his occupancy permit contingent upon the execution of this contract. I hope that this contract is sufficient. Should you have any additional requests or concerns, it would be my pleasure to provide to you any further information. I can be reached at 687-6200 x 127. Sincerely, nco Corporation Larry Mar co. Real Estate Consultants • Real Property Evaluation • Planning And Development • Sales and Leasing 231 Sutton Street • North Andover,MA 01845 • Tel(978)687-6200 • Fax(978)682-6473 E-Mail: minco2®mincocorp.com • Web: http//www.mincocorp.com FEB-14-00 MON 1033 AM FAX NO. P. 02 ............................ ..CdNTRACT MASTER SERVICES AGREEMENT On this day of _, 199,, (the"Effective Date") the parties, Safety-Kleen (NE), Inc. ("Safety- Ween"), a corporation organized under the laws of New Hampshire with a place of business located at 221 Sutton Street, North Andover, MA 01845 and ("Customer"), a corporation organized under the laws of with its principal place of business located at have entered into this Agreement. WHEREAS, the following paragraphs set forth the general terms and conditions under which Safety-Kleen shall, at Customer's request, provide the services as specified in the Supporting Documents ("Services"), including Services for waste materials("Waste")tendered to Safety-Kleen by Customer or any of its or its subsidiaries'facilities located in Canada, the United States or any U.S. Territory. All Waste profile or Waste survey documents, pre- qualification analysis, price quotations, proposals, sales and service acknowledgments and the specifications of desired Services set forth in the Customer's solicitation, purchase orders,work orders or requests (individually and collectively referred to as"Supporting Documents")shall be incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual undertakings and subject to the terms set forth below and intending to be legally bound, the parties agree as follows: 1. TERM This term of this Agreement begins as of the Effective Date and will continue until terminated pursuant to Section 14. 2, ORDERING AND SCHEDULING As the Customer determines that it requires Services under this Agreement,the Customer shall solicit a quotation and/or proposal from Safety-Kleen_ If Safety-Kleen submits a quotation and/or proposal and if same is accepted by Customer, Customer shall issue a purchase or work order or request to Safety-Kleen. The Services to be performed at each specific job site shall be performed in accordance with and governed by the terms and conditions of this Agreement and the Supporting Documents. Safety-Kleen is contractually committed to provide Services only upon Safety-Kleen's confirmation of Customer's credit worthiness and Safety-Kleen's acceptance of a purchase or work order specifying the desired Services. Unless specifically provided otherwise, Customer shall contact Safety-Keen to arrange a mutually acceptable schedule for Safety-Kieen's performance of the Services. 3. PRICE The price for the Services shall be set forth in the Supporting Documents. Unless otherwise set forth in Safety- Kleen's proposal or quotation, this price will be increased to include any sum which Safety-Meen is required to pay to local, state, province or federal governments or agencies by virtue of a tax, tariff, fee, surcharge or other charge on the transportation, storage, recycling, treatment or disposal of the Waste in effect at the time Services are rendered and such sum will be invoiced to the Customer as a separate item on invoices. Unless otherwise FEB-14-00 MON 10:33 AM FAX NO. P, 03 agreed,Safety-Kleen's prices are subject to change upon thirty(30)days written notice to the Customer. Safety- Keen reserves the right to assess a Nonconforming Waste charge for any Waste it determines to be Nonconforming Waste in accordance with Section 5 below. Full payment is due within thirty (30) days of the invoice date. Unless otherwise set forth in Safety-Kleen's proposal or quotation, if transportation is provided by Safety-Keen, shipping terms are F.O.B. point of transfer. Interest in the amount equal to 1.5% per month (18% per annum) or the maximum amount allowed by law, whichever is lower,will be added to all amounts outstanding for more than thirty (30)days. In addition, Customer shall be responsible for collection agency or legal fees,at a rate not to exceed thirty percent(30%)of the amount due (including principal and interest), incurred in collecting payment of an invoice. In order to assure accurate, mutually agreed charges and timely payment, Customer is responsible for notifying Safety-Keen promptly of any disputed charge in an invoice. 4. COMPOSITION OF WASTE If the Services to be provided herein include Waste management, for each type of Waste tendered to Safety. Keen, Customer shall provide Safety-Keen with a description of the Waste (the"Waste Description") in a form acceptable to Safety-Keen.The Waste Description shall be set forth in the relevant Supporting Documents and shall include a description of the Waste stream's chemical components, and the percentage composition of each such component or the relative mix thereof, stated in ranges acceptable to Safety-Keen; the process creating the Waste;Waste analysis results, if available; and a listing of unique chemical characteristics of the Waste. It is understood and agreed that Safety-Kleen shall base its testing,evaluation and procedures for Waste Services on the Waste Description. Customer understands that Safety-Keen may require Customer to submit a Waste Description and/or sample of Waste either prior to or following Safety-Kleen's submittal of a quotation or proposal.Customer shall, if requested by Safety-Kleen, provide Safety-Keen with a sample of the Waste in an appropriate container, which Safety- Kleen,at its sole option,may or may not elect to analyze.Safety-Keen shall have the right, but not the obligation, to inspect,sample, analyze or test tendered Waste before accepting such Waste,and Safety-Kleen's exercise of, or failure to exercise,said right to inspect and sample shall not operate to relieve Customer of its responsibility to provide Safety-Keen a true, accurate and complete chemical and physical description of the Waste tendered or to relieve Customer of its liability under this Agreement Customer certifies that the Waste it tenders to Safety-Men contains no Chlorinated Dibenzodioxins (Dioxins) as listed in 40 CFR Part 261. Customer understands that Customer shall be responsible for properly executing, in the form and number required, all manifests, profiles and similar documentation and/or certifications relating to the Waste, in accordance with applicable laws and regulations. All Waste which Safety-Keen determines does not conform to the Waste Description thereto ("Nonconforming Waste")will be managed in accordance with the provisions of Section 5 below. S. NONCONFORMING WASTE Waste shall be considered Nonconforming Waste if it fails to conform to the Waste Description applicable thereto or if any packaging and marking provided by Customer is not in accordance with applicable law and, if applicable, requirements provided in advance to Customer by Safety-Keen. In the event the Waste is discovered to be Nonconforming Waste, Safety-Kleen may reject or revoke its acceptance of the Waste. The rejection or revocation of acceptance shall be effective immediately upon receipt of notice, verbal or written, to Customer or its agent Customer and Safety-Kleen shall have seven (7) days to seek an alternative lawful manner of disposition of the Nonconforming Waste, unless it is necessary by reason of law or Safety-Keen facility permit or operating procedure to move the Nonconforming Waste in less than seven(7)days. If Customer and Safety-Kleen can not agree on an alternative manner of disposition within said seven (7) days or, if applicable, within a shorter period, Safety-Keen shall either return the Nonconforming Waste to Customer or unilaterally determine and arrange for an alternative, lawful manner of disposition. Customer shall pay Safety Kleen its reasonable expenses and charges for Services provided in relation to such Nonconforming Waste, including analytical work, repair, replacement, decontamination and cleaning of equipment, and Nonconforming Waste charges. In the event of a dispute under this section, Safety-Kleen may have a sample or samples of such Waste analyzed by a qualified, reputable, independent chemical laboratory. If chemical analysis shows that the etb-14-uu rluri to;J4 Hrl rHx Nu, e. U4 particular Waste in question has the chemical composition as described in the Waste Description, then Safety- Kleen will pay the expense of the independent laboratory in performing the chemical analysis and continue its Services as originally agreed. If the chemical analysis shows that the chemical composition of the Waste is not as described in the Waste Description, then Safety-Kieen will proceed as set forth above. Safety-Kieen shall provide due care while the Nonconforming Waste is in its possession and shall be responsible only for its employees', agents',subcontractors',or invitees'negligence with respect to such Waste. 6. TITLE a. If Safety-Kieen transports or arranges for transportation of Waste to a Safety-Kieen facility or a disposal facility chosen by Safety-Kieen and provided the Waste meets the Waste Description applicable thereto,and the Waste is properly packaged, coded, marked and labeled, tide to and risk of loss, with respect to the Waste, shall pass from Customer to Safety-t(leen at such time as the loading operation of Waste onto vehicles provided by Safety-Keen has been completed and the Waste is signed for and has departed from Customer's premises. b. If Customer transports or arranges for transportation of the Waste and provided the Waste meets the Waste Description applicable thereto, and the Waste is properly packaged, coded, marked and labeled, title to and risk of loss,with respect to the Waste,shall pass from Customer to Safety-Kieen at such time as the Waste is delivered to Safety-Kleen's facility and signed for. c. Title to Nonconforming Waste reverts to Customer,including risk of loss and all other incidents of ownership, at the time Safety-Kieen communicates to Customer that the Waste is nonconforming in accordance with Section 5 above. d, It is expressly agreed that Safety-Kieen does not take We to or assume risk of loss with respect to Waste where Safety-Kieen is responsible only for transporting the Waste. e. It is expressly agreed that Safety-Kieen shall at all times retain We to its solvents used in its Parts Washer Service. Safety-Kieen shall also retain We to any equipment (including, without limitation, parts cleaning machines or paint spray gun cleaning machines), except where Customer previously owned the machine (COMS Service). 7. GENERATOR STATUS Nothing contained within this Agreement shall be construed or interpreted as requiring Safety-Kieen to assume the status of "Generator," as that term appears within any federal, state or provincial statute or regulation governing the treatment,storage and disposal of Waste. Customer shall assume the responsibility for compliance with the provisions of any federal, state or provincial statute or regulation as such shall apply to"Generators." a. SAFETY-KLEEN REPRESENTATIONS AND WARRANTIES Safety-Keen represents and warrants that a. Safety-Kieen is engaged in the business of providing Services as specified in the Supporting Documents and understands the currently known hazards related to the handling of Waste; b. Safety-Kieen will perform all work in a safe,efficient, and lawful manner using industry accepted practices; c. Safety-Kleen is and will remain in full compliance with all requirements of federal, state, provincial and local laws,rules,regulations, by-laws and ordinances applicable to the Services to be performed; d. Safety-Kieen has all permits or approvals which are required for the Services and will furnish Customer, upon request,proof of all such permits and approvals;and e. Containers supplied by Safety-Ween shall be in conformance with any and all applicable laws, rules, regulations and orders insofar as is required for Waste meeting the Waste Description applicable to the Waste intended to be placed therein. 9. CUSTOMER REPRESENTATIONS AND WARRANTIES Customer represents and warrants that: a. Customer is and will remain in full compliance with all requirements of applicable laws,regulations and orders relating to the Waste; b. The Waste Description given to Safety-Kleen is true, accurate and complete and Waste tendered or FEB-14-00 MON 1034 AM FAX N0, P. 05 delivered to Safety-Kieen will conform to the Waste Description applicable thereto; c. Customer is under no legal restraint or order which would prohibit transfer of possession or title to the Waste it tenders to Safety-Kleen or prohibit the Services provided by Safety-Kleen related to such Waste; d. If Customer is responsible for packaging and marking the Waste, the Waste shall be described, coded, packaged and labeled in accordance with all applicable regulations,rules, laws and orders: e. If Safety-Kleen provides its parts washer Services to Customer hereunder, Customer shall not mix the solvent provided by Safety-Kleen under such service with other materials (including without limitation materials containing polychlorinated biphenyls ("PCBs")) or otherwise alter the characteristics of the solvent; f, If Safety-Kleen provides its nonhazardous parts cleaner or nonhazardous fluid recovery Services to Customer hereunder, the fluid: (i) has not been mixed,combined or otherwise blended in any quantity with materials containing PCBs or any other material which would render the solvent and/or Waste hazardous under applicable laws, including without limitation 40 CFR Part 261, and (ii) has been produced in the same process as the process that produced the material described in the relevant Supporting Documents; and Customer will cooperate with and/or assist Safety-Kleen, as requested, with Safety-Kleen's defense, negotiation,adjustment and/or settlement of a third party claim. 10, INDEMNIFICATION Safety-Kleen agrees to indemnify, hold harmless and defend Customer frorn and against any and all liabilities, claims, penalties, forfeitures, suits, and the costs and expenses incident thereto (including costs of defense, settlement and reasonable lawyers' fees, consultant or other professional fees and the reasonable costs of investigation, containment and cleanup and any remedial actions required by law, regulation or order, including the Comprehensive Environmental Response, Compensation and Liability Act of 1980 or comparable state superfund law), which it may hereafter incur, become responsible for, or pay out as a result of death or bodily injury to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of governmental laws, regulations or orders, to the extent that such damage was cabsed by: (i) Safety-Kleen's breach of any term or provision of this Agreement; (ii) the failure of any representation or warranty of Safety-Kleen to be true,accurate and complete;or(iii)any negligent act or omission or willful misconduct of Safety-Kleen or its employees or agents. Customer agrees to indemnify, hold harmless and defend Safety-Kleen from and against any and all liabilities, claims, penalties, forfeitures, suits, and the costs and expenses incident thereto (including costs of defense, settlement and reasonable lawyers' fees, consultant or other professional fees and the reasonable costs of investigation, containment and cleanup and any remedial actions required by law, regulation or order, including the Comprehensive Environmental Response, Compensation and Liability Act of 1980 or comparable state superfund law), which it may hereafter incur, become responsible for, or pay out as a result of death or bodily injury to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of governmental laws, regulations or orders, to the extent that such damage was caused by: (i)Customers breach of any term or provision of this Agreement; (ii)the failure of any representation or warranty of Customer to be true, accurate and complete; or (iii) any negligent act or omission or willful misconduct of Customer or its employees or agents. In no event shall either party be liable for any special, indirect, incidental or consequential damages, whether based in contract,warranty, indemnity or tort negligence or strict liability. 11. INSURANCE Safety-Kleen shall procure and maintain, at its expense during the term of this Agreement, at least the following insurance covering the Services to be perforated under this Agreement. Safety-K1een shall furnish certificates of such insurance to Customer, upon Customer's request. a, Workers'Compensation Statutory b. Employers Liability $5,000,000 per occurrence C. General Liability(bodily injury and property damage-combined single limit) $5,000,000 per occurrence,$10,000,000 annual aggregate FEB-14-00 MON 1035 AM FAX NO. P. 06 d. Automobile Liability(and MCS-90 Motor Carriers Act of 1980 endorsement) $5,000,000 combined single limit 0. Pollution Legal Liabllity-Sudden and Accidental and Gradual (Safety-Keen sites and Safety-Keen approved disposal sites) $10,000,000 per occurrence,$10,000,000 annual aggregate f. Contractor's Environmental Pollution liability-Sudden and Accidental (Safety-Ween professional and contracting operations) $5,000,000 per occurrence,$10,000,000 annual aggregate 12. ACCESS TO PREMISES Customer grants to Safety-Keen, its agents, and employees reasonable access to Customer's premises for purposes of fulfilling its obligations under this Agreement Safety-Keen shall comply with Customer's safety procedures while an Customer's premises,which are provided in writing to Safety-Keen.Customer warrants that any right-of-way provided by Customer to/from Customer's premises toftm the most convenient public way, is sufficient to bear the weight of all Safety-Kleen equipment and vehicles reasonably required to perform the Services. Safety-Keen shall not be responsible for damages caused to any private pavement or accompanying subsurface of any route reasonably necessary to perform the Services. 13. INSPECTIONS During business hours, upon reasonable notice, and when accompanied by a representative of Safety-Kieen, Customer, at its own expense, shall have the right: (i)to inspect transportation vehicles or vessels, containers or facilities provided by Safety-Kleen; (ii) to inspect by periodic examination of Safety-Kleen's relevant records and/or sites the handling, transportation, storage and disposal operations conducted by Safety-Kleen in the performance of this Agreement;and, (iii)to verify, by examination of Safety-Kleen's records, all invoiced amounts when firm prices are not set forth in Supporting Documents. Notwithstanding the foregoing, nothing contained herein or elsewhere in this Agreement shall require Safety-Keen to disclose to Customer or permit Customer to examine proprietary or confidential information. 14. TERMINATION Unless otherwise set forth in the Supporting Documents, either party may terminate this Agreement without cause upon sixty (60) days prior written notice to the other. Either party may terminate this Agreement immediately if the other party is adjudicated insolvent,seeks any remedy for itself under any present or future law related to bankruptcy, insolvency or other relief for debtors, or breaches this Agreement and fails to cure or diligently prosecute the cure within a reasonable time upon notice thereof. If any change or communication tam any municipal, local, state, provincial, federal or interstate agency occurs with respect to any laws, rules, regulations or ordinances applicable to the rights or obligations contained in this Agreement or which materially impacts either party hereto(including but not limited to changes which increase the cost of providing Services or affect facility permit status), either party shall have the option to immediately terminate this Agreement or to have the terms of this Agreement renegotiated to bring this Agreement and the respective obligations or rights of the parties into compliance with such change or changes.Termination as set forth above shall be without prejudice to any other remedy the terminating party may have and shall not affect the parties' uncompleted obligations, including payment for Services rendered by Safety-Ween. 15. INDEPENDE=NT CONTRACTOR Safety-K1een is, and shall perform this Agreement as an independent contractor and as such, shall have and maintain complete control over all of its employees and operations. Neither Safety-Keen nor anyone employed by it shall be, represent,act,purport to act,or be deemed to be the agent, representative,employee or servant of Customer. 1S, F=XCUSE OF PERFORMANCE Customer's obligation to deliver and Safety-Kleen's obligation to accept Waste pursuant to confirmed acceptance of a specification of desired Services, may be suspended by either party in the event of. act of God,war, riot,fire, explosion, accident, flood, sabotage; lack of adequate fuel, power, raw material, labor, containers, or transportation facilities; compliance with governmental requests, laws, regulations, orders or actions; revocation or modification of governmental permits or other required licenses or approvals;breakage or failure of machinery or apparatus; national defense requirements or any other event beyond the reasonable control of such party; labor trouble, strike, lockout or injunction (provided that neither party shall be required to settle a labor dispute " FEB-14-00 MON 10:36 AM FAX NO, P. 07 • against its own best judgment); which event prevents the delivery, transportation, acceptance, treatment, incineration,recycling ordisposal of the Waste. 17, SUBCONTRACTING AND ASSIGNMENT Unless otherwise agreed, Safety-Kleen may delegate its rights and responsibilities under this Agreement to Safety-Kleen affiliated companies or approved subcontractors. 18. NOTICE Except as otherwise provided herein, any notice required or permitted to be given under this Agreement shall be in writing and addressed or delivered to the following: For Customer. For Safety-Keen. Safety-Kleen(NE),Inc. 221 Sutton Street North Andover, MA 01845 Attention:Facility Manager with a copy to: with a copy to: Safety-Kleen Corp. 1301 Gervais Street-Suite 300(29201) _ Post Office Box 11393(29211) Columbia,SC 29201 Attention:Legal Department Customer shall give written notice to Safety-Kleen of a claim for indemnification under Section 10 within a reasonable time following Customer's first knowledge of the event or occurrence which gives rise to that claim. Upon receipt of notice, and determination by Safety-Kleen that Customer has a valid claim for indemnification, Safety-Kleen shall have the right to retain counsel to defend, negotiate, adjust, and/or settle a claim against Customer. Safety-Kleen has no obligation to indemnify Customer when Customer does not provide timely notice of a claim allowing Safety-Kleen the timely opportunity to defend,negotiate,adjust,and/or settle the claim. 19. WAIVER Any waiver by either party of any provision or condition of this Agreement shall not be construed or deemed to be a waiver of any other provisions or conditions of this Agreement, nor a waiver of a subsequent breach of the same provision or condition,unless such waiver is expressed in writing by the party to be bound. 20. ENTIRE AGREEMENT This Agreement and the Supporting Documents constitute the entire Agreement between Customer and Safety- Kleen related to the Servicing of Customer's Waste.All previous negotiations and representations not specifically incorporated herein are superseded and are rendered null and void upon execution of this Agreement. In the event terms and conditions of any and all Supporting Documents conflict with this Agreement, the terms and conditions of this Agreement shall control. No modification of this Agreement shall be binding on Safety-Kleen or Customer unless in writing and signed by both parties specifically amending this Agreement: In no event shalt the preprinted terms or conditions found on any Safety-Kleen or Customer purchase or worts order or similar document be considered an amendment, modification, or supplement to this Agreement, even if such document is signed by representatives of both parties; such preprinted terms and conditions shall be considered null and void and of no effect 21. SEVERABILITY If any section, subsection, sentence or clause of this Agreement shall be adjudged illegal, invalid or unenforceable,such illegality, invalidity, or unenforceability shall not affect the legality,validity or enforceability of the Agreement as a whole or of any section,subsection,sentence or clause hereof not so adjudged. 22. HEADINGS AND DEFINED TERMS The paragraph headings in this Agreement are inserted for the convenience of the parties only and shalt not in any manner define, limit or describe the intent or scope or in any manner affect this Agreement FEB-14-00 MOH 10:36 AM FAX H0, P. 08 All defined terms herein, designated by initial capitalization, shall have the meaning so ascribed, said meaning being equally applicable to both singular and plural forms or to grammatical variations(including but not limited to masculine,feminine and neuter pronouns),as the case may be. 23. SURVIVAL Sections 4 (Composition of Waste), 5 (Nonconforming Waste), 6 (Title), 8 (Safety-Ween Representations and Warranties),9(Customer Representations and Warranties),10(Indemnification), 18(Notice),and 23(Survival)of this Agreement shall survive termination of this Agreement,without regard to the reason for termination. 24. GOVERNING L.AWs This Agreement shall be govemed by the laws of the State of South Carolina and'venue,for all disputed matters shall be the State of South Carolina without regard for choice of law or conflict of law provisions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized representatives as of the Effective Date first written above. Safety-Kleen(NE),Inc. Customer By: By: Printed Name: Printed Name: Title: Title: Date: Date: