Waste Material-
Customer represents and warrants that the materials placed in the equipment shall be "waste material" as defined herein and shall contain no other substances. The term "waste material" as used in these Terms and Conditions shall mean solid waste generated by Customer excluding radioactive, volatile, highly flammable, explosive, biomedical, infectious, toxic, or hazardous material. The term "hazardous material" shall include but not be limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, an enabled or applicable state law. Contractor shall acquire title to conforming waste material when it is located into Contractor's trucks. Title to and liability for any waste excluded above shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless Contractor from and against any and all damages, penalties, fines and liabilities resulting from or arising out of such waste excluded above.

Materials Not To Be Disposed Of-

Drop Off Areas-
Customer warrants that any right of way provided by Customer for Contractor's equipment is sufficient to bear the weight of all Contractor's equipment and vehicles reasonably required to perform the service herein contracted. Contractor shall not be responsible for damage to any private driving surface, pavement or accompanying sub-surface of any route reasonably necessary to perform the service herein contracted and Customer assumes all liabilities for damage to driving surfaces, pavement or road surfaces and entire container placement site.

Containers and Enclosures-

First) Responsibility. The equipment furnished hereunder by Contractor shall remain the property of Contractor, however, Customer acknowledges that it has care, custody and control of the equipment while at the Customer's location and accepts responsibility for all loss for damage to the equipment (except for normal wear and tear or for loss or damage resulting from Contractor's handling of the equipment) and for its contents. Customer agrees not to overload (by weight or volume), move or alter the equipment, and shall use the equipment only for its proper and intended purpose. Customer agrees to indemnify, defend and hold harmless Contractor against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damage to property arising out of Customer's use, operation or possession of the equipment.

Second) Access. Customer agrees to provide unobstructed access to the equipment on the scheduled collection day. If the equipment is inaccessible so that the scheduled pick up cannot be made, Contractor will promptly notify the Customer and afford the Customer a reasonable opportunity to provide the access and reschedule the service, however, Contractor will charge an additional fee for Customer's failure to provide initial access.

Breach of Contract-
In the event of breach of the Agreement by either party, the breaching party shall pay all reasonable attorney's fees and costs of the other party incident to any action brought to enforce this Agreement. In the event Customer fails to pay Contractor all amounts which become due under this Agreement, Customer agrees to pay, in addition to the amount due, any and all costs incurred by Contractor as a result of such failure to pay, including to the extent permitted by law, reasonable attorney fees.

Performance-
Neither party hereto shall be liable for its failure to perform or delay performance hereunder due to circumstances or the significant threat of circumstances beyond its reasonable control, whether foreseeable or not, including, but not limited to strikes, labor trouble, riots, compliance with laws or government orders, acts of war or terrorism, inability to access container, fires, and acts of god and such failure shall not constitute a default under this Agreement.