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1. Trilogy Medwaste Obligations are as follows:
<br />A. Trilogy Medwaste will regularly pick up In a manner consistent with the applicable federal, state and local laws and regulations,
<br />all of the Customer's infectious waste as clef ined herein "Infectious Waste" as used in this agreement will consist of the following
<br />Isolation waste, cultures and stocks of infectious agents and associated biological conlarninated sharps, waste from surgery
<br />and autopsy, rn,sceilaneous laboratory waste dialysis or disposable Innen substitutes
<br />Specifically excluded from the term "Infectious Waste" as used in the contract are hazardous or toxic fluids, research or
<br />Productive mycotoxins, heavy metals (lead or rnercury), bulk chernicals or reagents, volatiles, explosives, pressurized containers,
<br />fetal and anatomical remains, bulk chemotherapy waste, radioactive waste It also includes all hazardous waste as defiled in
<br />any applicable federal, state or local laws or regulations or any other items or materials not specifically Included within the
<br />definition of infectious wastes set forth previously
<br />B. Trilogy Medwaste will pick up all Customer's Infectious waste according to is schedule agreed upon by the parties and u1
<br />accordance with the customer's disposal needs as itemized on the front page of this agreement, or attached "Table of
<br />Service and Charges" This schedule may from time to time, change to reflect changes in operating conditions of either party
<br />All Infectious wastes picked up from the customer will be transported to a licensed and/or permitted medical waste treatment
<br />facility where waste materials will be treated by steam sterilization (.autoclaving), or incineration in accordance with all applicable
<br />federal, state or rnumupal regulations. Treated medical waste will then be disposed of in a permitted sanitary landfill
<br />C. Trilogy Medwaste will provide containers for the transport of Infectious Waste The Customer will compensate Trilogy
<br />Medwaste in accordance with the agreed upon service and rates. The Customer will ensure that all Infectious waste deposited
<br />in the containers conforms to all local, state and federal laws and is properly labeled in appropriate containers; I e pathological
<br />waste packaged in labeled boxes, chemotherapy waste In labeled containers, etc. Trilogy Medwaste may at Its sole discretion
<br />refuse to collect containers that are Improperly packaged, labeled, wet or leaking or contain Non -conforming Waste. Title to
<br />Infectious Waste collected from Customer shall transfer to and vest in Provider at the OMP such Infectious Waste is loaded onto
<br />Provider's collection vehicle. At all times prior thereto Customer shall have and retain title to its Infections Waste. Title to and
<br />responsibility for any Nonconforming Waste delivered to Provider shall at all times remain with Customer, even if such
<br />Non -conforming Waste is In the custody of Provider
<br />D. Trilogy Medwaste agrees to maintain general habiHy insurance, automobile liability, and workman's compensation insurance
<br />covering any loss or damage (flat may arise out of negligent action or omission of Trilogy Medwaste or its personnel In
<br />providing service pursuant to this agreement in an amount no less than five million dollars ($5,000,000) per occurrence
<br />Trilogy Medwaste will provide the Customer, upon request, a certificate of insurance evidencing such coverage, which, in
<br />addition, will provide the customer at least thirty- (30) days advance notice of any change in coverage
<br />E. Trilogy Medwaste will provide the Customer the documentation required by local, state and federal agencies and maintain
<br />the associated records for a period of three (3) years or longer as required by the local, state and federal law
<br />2. Document Destruction and Recycling:
<br />A. Provider will provide Customer with the bins and/or consoles necessary to handle Customer's documents for secure collection
<br />and destruction and will place the bins/consoles at mutually agreed locations at Customer's location. Provider will pick up
<br />Customer's bins/consoles according to a schedule agreed upon by the parties, provided, however, that this schedule may
<br />change from time to time to reflect changes in operating conditions of either party Customer acknowledges and agrees that
<br />all bins or consoles placed at a Customer location are and shall remain the property of Provider and shall be returned to
<br />Provider upon the expiration or termination of this Agreement
<br />B. All Customer documents collected for destruction or recycling will be transported by Provider to a property licensed facility for
<br />destruction or recycling, as applicable. All Services performed by Provider in connection with the collection, transportation and
<br />clestiruction or recycling of Customer's documents will be performed in compliance with all applicable laws and regulations
<br />C. Customer warrants that it is the owner, legal custodian or otherwise has the right to deliver for secure destruction any and all
<br />materials Customer places in the bins/consoles and delivers to Provider hereunder Customer shall reimburse Provider for any
<br />expenses reasonably incurred by Provider (including reasonable legal fees) by reason of Provider complying with its obligations
<br />under this Agreement to destroy such materials in the event of a dispute concerning the destruction of the materials provided
<br />by Customer to Provider
<br />D. Customer shall be solely responsible for ensuring that only documents Customer intends to be destroyed or recycled are placed
<br />in the bins/consoles and Provider shall have no obligation to verify that documents placed in
<br />E. bins/consoles were intended for destruction or recycling. Provider shall not be responsible or liable in any manner whatsoever
<br />for the destruction or recycling of any documents that were inadvertently placed in bins/consoles by Customer or its employees,
<br />agents, representatives or invitees; nor shall Provider have any responsibility or liability for the release or loss of any materials
<br />deposited in bins or consoles, or otherwise delivered to it for secure destruction, unless the release or loss is a direct result of
<br />Provider's sole negligence or willful misconduct and then Provider's maximum liability for any and all claims arising with respect
<br />to such release or loss shall not exceed the aggregate amounts paid by Customer with respect to the Services provided at the
<br />particular Customer location during the six (6) months preceding the event which gives rise to a claim. In no event shall
<br />Company be liable for any consequential, incidental, special or punitive damages, regardless of whether the action is brought
<br />in tort, contract or any other theory.
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