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<br />STS General Conditions
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<br />ft8 COIlSULT.A1I'J.'S, LTD.
<br />SUPPT.WJPJft.AL COJIDr.rIOJlS.OI' SBBVICE
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<br />In the event that services under this Agreement may involve or relate to h.a.zB.-.T>d.ous substances, or
<br />constituents, including hazardous waste (as defined by federal, state or local statutes, regulations or
<br />orclina.nces) , whether or not involvement or relationship was contemplated at the time this .Agreement
<br />was made or when services by STS began under this .Agreement, the following conditions shall also be
<br />incorporated into the .Agreement and be made applicable thereto:
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<br />1. In the event that samples collected by or received by STS on behalf of the Client contain hazardous
<br />constituents, inclu.ding hazardous waste, STS will, a.tter completion of testing and, at Client's ex-
<br />pense, (i) return such samples to Client, or (ii) us1ng a ma.n:ifest signed by the Client as generator,
<br />have sucn samples transported to a location selected by the Client for final disposal. The Client
<br />agrees to pay all costs associated with the storage, transport, and disposal of samples. The Client
<br />recognizes and agrees that STS is acting as a bailee and at no time assumes title to said samples or
<br />substances.
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<br />a. All laboratory and field equipment conta.mina.ted in performing services under this .Agreement
<br />which cannot be reasonably deconta.mina.ted shall become the property and responsibility of the
<br />Client. All such equipment shall be delivered to the Client or disposed of in a manner similar to that
<br />indicated for hazardous samples above. The Client agrees to pay the fair market value of any such
<br />equipment which cannot reasonably be deconta.mina.ted and all other costs associated with the
<br />storage, transport and disposal of such equipment.
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<br />3. Notwithstanding any other provision of this .Agreement, it is further agreed that the Client shall
<br />indemnify and hold harmless STS and its employees, agents and contractors from and against all
<br />claims, da.m.a.ges, losses and expenses, direct and indirect, or consequential da.ma.ges, including but
<br />not limited to fees and charges of attorneys and court and arbitration costs, aris1ng out of or
<br />resulting from the performance of the work by STS, or claims against STS aris1ng from the work of
<br />others, related to hazardous substances or constituents, inclu.ding hazardous waste.
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<br />The above indemnifl.cation provision extends to claims against STS which arise out of, are related to, or
<br />are based upon, the dispersal, discharge, escape, release, spillage or saturation of smoke, vapors, soot,
<br />fumes, acids, aJ.ka.lis, toxic chemicals, liquids, gases or any other material, irritant, conta.m:inant or
<br />pollutant in or into the atmosphere, or on, onto, upon, in or into the surface or subsurface (a) soil, (b)
<br />water or watercourses, (c) objects, or (d) any ta.ngible or intangible matter, whether such event or
<br />circumstance is sudden or not.
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<br />11/88
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