EQUIPMENT: The term “Equipment” as used in this Agreement shall mean all containers used for the storage of waste material, stationary  compaction units, stationary baling units, waste material loading devices, and such other on-site devices as may be specified on the first page  of this Agreement.  

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CUSTOMER: The term “Customer” as used in this Agreement shall mean any individual, business, or organization that hires NASA SERVICES  to collect, treat or dispose of their waste, and/or rents from NASA SERVICES any waste disposal bins/containers for residential, business  and/or commercial use.  

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CONTRACTOR: The term “Contractor” as used in this Agreement shall refer to NASA SERVICES, located at 1100 S. Maple Ave., Montebello,  CA 90640. 

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ARBITRATION: Any dispute, controversy, or claim arising out of or relating to this Equipment Agreement, including but not limited to,  contractual claims, claims of negligence, tort claims, intentional or gross negligence claims, trespass claims, or property damage claims, with  the exclusion of collection actions, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association  (AAA) and conducted by a single arbitrator in California, with the arbitrator's decision being final and binding on both parties. Costs associated  with the binding arbitration will be split equally between the parties and each party shall bear the costs of their own attorney’s fees.  

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CUSTOMER’S LIABILITY: Customer agrees to defend, indemnify and hold harmless the Contractor from and against any and all claims for  loss of or damage to property, or injury to or death of person or persons resulting from or arising in any manner out of Customer's use, operation or possession of the Equipment, or Customer’s breach or default, under this Agreement. Customer agrees to reimburse and indemnify  Contractor and its agents, representatives, insurers, lenders, franchisors, and representatives (collectively, the “Contractor Parties”) for any  damage to or loss of the Equipment caused by, contributed to or arising out of any acts or failure to act by Customer, customer's agents or  employees or any person or firm under the Customer's control while the Equipment is in Customer's possession or while the Equipment is  under Customer's control, ordinary wear and tear excepted. Customer shall return equipment to Contractor in good condition at the termination  of this Agreement, ordinary wear and tear excepted.  

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CUSTOMER'S DUTIES: During the term of this Agreement, the Equipment shall be in the possession and control of the Customer, and  Customer agrees to be responsible for the safekeeping of the Equipment and for placing the Equipment on a safe, accessible, flat-level curbside  location for collection. All Equipment furnished by NASA SERVICES for the use and benefit of Customer which Customer has not purchased,  shall remain the property of the Contractor and Customer shall have no right, title or interest therein. Customer shall not overload or damage  the Equipment nor use it for incineration purposes or any other purposes except for its intended use, and shall not place any acidic, flammable,  hazardous or other waste in the Equipment which is excluded under this Agreement.  

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COMMUNICATION: Customer acknowledges and agrees that all communications, notices, and documents related to this Agreement may be  provided electronically, including but not limited to email or other electronic transmission methods. The Customer consents to receiving such  electronic communications and agrees that electronic notices, including any written notice or correspondence from NASA SERVICES, shall  have the same legal effect as if they were delivered in writing via traditional methods. Furthermore, the Customer consents to the use of  electronic signatures and agrees that any signature required or provided under this Agreement may be electronically affixed and shall have the  same validity and enforceability as a handwritten signature. If Customer wishes to receive a printed copy of this Agreement or any related  documents, Customer must submit a written request to NASA SERVICES. 

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DAMAGE TO THIRD-PARTY: In no event shall NASA SERVICES be held liable for any damages, losses and claims arising from injuries,  property damage, or breach of contract, to any third-party caused by the services provided under this Agreement to Customer. Customer shall  hold harmless and indemnify NASA SERVICES for any such third-party claims.  

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NO HAZARDOUS WASTE: Customer shall not place in the equipment, or otherwise include in any waste to be collected and hauled by the  Contractor, and Contractor shall not be required to accept and may return to the customer at the customer's expense, waste which is in anyway  radioactive, reactive, toxic, flammable, corrosive, combustible, pathological, acidic, or otherwise listed as hazardous under federal, state, or  other applicable local laws, rules and regulations. This also includes paint and oil, animal carcasses, or glyphosates. Automobile tires and other  car parts are strictly prohibited.  

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TEMPORARY BIN and/or CONTAINER RENTALS (3-yard, 10-yard, 40-yard): 

• a. Bin/Container Rental Terms: NASA SERVICES agrees to provide Customer with a temporary bin/container rental for seven  consecutive days. Seven days after the date of delivery, a daily rental charge will be levied. The daily rental rate for bins is dependent  on both the size of the bin and the location of delivery, at a rate specified by NASA SERVICES, unless prior arrangements have been  made in writing. Customer is responsible for confirming the applicable daily rental rate for their specific bin/container and delivery  location at the time of booking. 

• b. Weight Limits and Material Restrictions: Customer agrees to adhere to the weight and material restrictions based on the size of  the bin/container, and the location of delivery - 

  • i. 3 – yard Bin: The weight limit for a 3-yard bin is five hundred (500) lbs. In the city of Pico Rivera, construction and demolition  materials are prohibited in the 3-yard bin container.

  • ii. 10 – yard Container (Clean Material): The weight limit for a 10-yard container containing clean materials (including but not  limited to clean rock, dirt, cement, asphalt, brick, blocks, and sand) is up to ten (10) tons. In the city of Pico Rivera, the weight  limit is up to six (6) tons. 

  • iii. 10 – yard Container (Mixed Materials): The weight limit for a 10-yard container containing mixed materials (including but  not limited to trash, green waste, roots, plastic, and other non-inert materials) is up to five (5) tons and will be charged at the  40-yard bin rate. In the city of Pasadena and La Canada Flintridge, inert materials (such as dirt and concrete) may not be  mixed with other materials in the 10-yard container. In the city of Pico Rivera, the weight limit is up to six (6) tons. 

  • iv. 40 – yard bin (Trash and Mixed Construction Debris): The weight limit for a 40-yard container containing trash or mixed  construction and debris is up to five (5) tons. In the city of Pico Rivera, the weight limit for a 40-yard bin is up to six (6) tons. All rental rates are subject to change based on the size of the bin/container, the specific city, and any applicable local conditions. An  additional charge, plus city fees, will be added for any load hauled which exceeds the weight limit as specified by the bin/container  above. These charges will be calculated based on the excess weight beyond the allowed limit, and will be applied at the rate specified  by NASA SERVICES. Customer agrees to pay any applicable overweight charges promptly upon notification. No bin/container shall  be hauled which are deemed to be unsafe or over the legal weight limit. Customer is responsible for confirming the applicable weight limits and material restrictions based on their delivery location and size of bin/container at the time of booking. c. Capacity Limits: Customer agrees to fill the bin/container to the designated capacity without exceeding the designated overfill line specified on the bin/container. If the bin/container is overfilled, meaning the waste extends above the designated overfill line, or is  otherwise unsafe or unmanageable, Contractor reserves the right to charge an overfill fee, dependent on both the size of the  bin/container and the location of delivery, and will be applied at the rate specified by NASA SERVICES. 

• d. Hazardous Waste Prohibition: Customer agrees to refrain from disposing of any hazardous, prohibited or non-accepted materials in  the bin/container, this includes but is not limited to, radioactive, reactive toxic, ignitable, corrosive, pathological, acidic or otherwise  listed as hazardous under federal, state, or other applicable laws, rules and regulations. This also includes paint and oil. No animal  carcasses. Automobile tires and other car parts are strictly prohibited.  

• e. If the bin/container is found to contain prohibited or non-accepted materials, a contamination fee will be charged to the Customer. The  contamination fee will be applied at the rate specified by NASA SERVICES, and may include additional costs for proper disposal or  recycling of the materials. 

• f. Standby and Dry Run Fees: Customer agrees that if Contractor, or its employees and agents attempt to deliver or collect the  bin/container, but its services are delayed due to customer-related issues, including but not limited to, improper placement of the  bin/container, or blocked access, then a standby fee will be charged, per minute, ten minutes after the truck’s arrival. These charges  will be applied dependent on both the size of the bin/container and the location of delivery, at a rate specified by NASA SERVICES. If  Contractor is unable to perform the service, a dry run fee will be applied dependent on both the size of the bin/container and the  location of delivery, at a rate specified by NASA SERVICES. 

• g. Property Damage: Customer is aware that damage may occur to the surface where the bin/container is placed (loaded or unloaded)  and where the truck may crossover. Customer, therefore, directs the placement of said bin/container and agrees to save company  harmless from any damage which may result there from. 

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ACCESS AND RIGHT OF WAY: The Customer grants to Contractor right of access onto Customer's premises for Contractor's performance  under this Agreement. Customer represents and warrants that any right of way provided by the Customer from the container(s) location to the  most convenient public way is (1) sufficient to bear the weight of all Equipment (including when fully loaded) (2) clear of any obstacles or  dangers that may impede or prevent or endanger Contractor’s performing its services under this Agreement. Contractor shall not be responsible  for damage caused to any private pavement or other property or accompanying subsurface of any route necessary to perform the services.  Customer acknowledges that Contractor shall have the right (but without any obligation to exercise that right) to relocate or replace any  Equipment.  

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WASTE MATERIAL: The waste material to be collected and disposed of by NASA SERVICES pursuant to this Agreement is solid waste  generated by Customer at the Service Address specified on the first page of this Agreement but that is not Excluded Waste (as applicable,  “Permitted Waste”). Customer agrees that only Permitted Waste is allowed in the Equipment. The term “Excluded Waste” means any  radioactive, volatile, highly flammable, explosive, toxic or hazardous material, or any material not accepted for dumping at Contractor’s choice  of landfill. The term "hazardous material" shall include, but not be limited to, any amount of waste listed or characterized as hazardous by the  United State Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, as  amended. NASA SERVICES shall acquire title to the Permitted Waste when it is loaded into NASA SERVICES trucks. Title to and liability for  any Excluded Waste shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless NASA SERVICES  and the Contractor Parties from and against any and all damages, penalties, fine and liabilities resulting from or arising in connection with any  Excluded Waste. Contractor reserves the right to impose, and Customer agrees to pay, a fee if any Excluded Waste is in the Equipment. 

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PRICE AND PAYMENT: Customer shall pay Contractor for the collection and disposal services provided by Contractor (including but not limited  to all charges for Equipment use, repair and maintenance) upon receipt of Contractor ’s statement, and in accordance with this Agreement.  Contractor reserves the right to impose and Customer agrees to pay a late fee for all past due balances, as well as additional charges if the  loading level or weight indicated on the Equipment is exceeded. Contractor also reserves the right to stop service if payment is not received  within fifteen (15) days and to impose a clean-up fee upon the resumption of service. Customer agrees to pay a twenty-dollar ($20.00) fee for  all checks returned by Customer's bank for any reason.  

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TERM: This Agreement is for a term of five years and shall automatically renew for successive five-year periods without further action by the  parties, but may be terminated at the end of the initial five-year period or any five-year period thereafter by either of the parties hereto by not  less than (60) days’ prior written notice (via certified mail). This five-year period contract applies only to permanent account customers, not temporary account customers. Adjustment in the type or frequency of service shall not affect the remaining terms and Conditions set forth  herein except with respect to the revised price of such adjusted service. 

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LANDFILL AND FUEL ADJUSTMENTS: NASA SERVICES reserves the right to adjust the rates hereunder based upon increases in fuel  and landfill costs.  

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OTHER RATE ADJUSTMENTS: NASA SERVICES may adjust the rates hereunder from time to time for reasons other than landfill and fuel  adjustments subject to Customer’s approval upon thirty (30) days’ notice prior to the effective date of the adjustment. However, Customer's  approval is not necessary for any such adjustment that results in a percentage increase less than or equal to the percent increase in the local  Customer Price Index for Urban Wage Earners and Clerical Workers (all items) published by the U. S. Department of Labor Bureau of Labor  Statistics or any successor, since the date of the last such adjustment (or since the date of execution of this Agreement, in the case of the first  adjustment).  

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FAILURE TO PERFORM: In the event Customer terminates this Agreement prior to the expiration of its term, or Contractor terminates the  Agreement for Customer's non-payment or other material breach, Customer agrees to pay NASA SERVICES a sum equal to the total of  Customer's monthly charge for the most recent six months, or if Customer has not been serviced for six months, Customer's most recent  monthly charge multiplied by six, as liquidated damages. In the event Customer terminates the bin/container rental agreement, prior to the  expiration of its terms, or Contractor terminates the Agreement for Customer’s non-payment or other material breach, Customer agrees to pay  NASA SERVICES, a sum equal to the total contract price for the bin/container rental. In the event customer fails to pay NASA SERVICES any  all amounts which become due under the Agreement, or fails to perform its obligations hereunder, and Contractor refers the matter to an  attorney, in a collection action or proceeding, Customer agrees to pay, in addition to the amount due, any and all costs incurred by NASA  SERVICES as a result of such collection action, including a reasonable attorney's fee.  

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WAIVER: TO THE EXTENT NOT LIMITED BY LAW, CONTRACTOR WILL NOT BE LIABLE FOR ANY ACTUAL, SPECIAL, INDIRECT,  CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY  ARISING IN CONNECTION WITH THE EQUIPMENT OR CONTRACTOR’S PERFORMANCE OF ITS SERVICES UNDER THIS  AGREEMENT, EVEN IF CONTRACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THOSE DAMAGES, EXCEPT ONLY 

THAT CONTRACTOR WILL BE LIABLE FOR ACTUAL, OUT-OF-POCKET DAMAGES INCURRED BY CUSTOMER TO THE EXTENT OF  CONTRACTOR’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AS DETERMINED BY A FINAL, NON-APPEALABLE JUDGMENT. BUT IN NO EVENT SHOULD ANY OF THE DAMAGES BE AWARDED AGAINST NASA SERVICES WHICH WOULD BE IN EXCESS OF  THE CONTRACT PRICE HEREIN.  

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CHANGE OF LOCATION: Customer's change of address shall not affect the validity of this Agreement as long as Customer's new location is  located within the area of service by NASA SERVICES.  

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BINDING EFFECT: This Agreement is a legally binding contract on both the Contractor and Customer and their respective heirs, successors  and assigns in accordance with this Agreement’s terms and conditions.  

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FORCE MAJEURE: Neither party hereto shall be liable for its failure to perform hereunder other than non-payment or financial inability due to  occurrences beyond its reasonable control such as strikes, labor stoppages, labor shortages, riots, wars, fire, inclement weather, acts of God,  compliance with or changes in laws, regulations or other requirements (whether valid or invalid) of any government instrumentally thereof  whether now existing or hereafter created.  

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RIGHT TO REFUSE SERVICE: Contractor, reserves the right to refuse service at any job site if, upon arrival, the site is deemed unsafe for the  delivery, exchange, or removal of a bin and/or container. Unsafe conditions include, but are not limited to, hazardous weather conditions,  unstable ground, obstruction of access, or any other condition that presents a risk to the safety of personnel, equipment, or property. 

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NOTICE: Any written notice called for herein shall be deemed sufficient if sent by Certified Mail, postage pre-paid, return receipt requested, to  Customer or Contractor at their respective addresses shown on the first page of this Agreement. Customer agrees, however, that Customer is  deemed to have received notice of Contractor’s fees when posted on Contractor’s web site.