k. Contract approval
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k. Contract approval
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<br />equipment shall be properly and legally repaired by the Company or disposed of by the <br />Company as contaminated waste. The Company shall be entitled to reimbursement of the costs <br />of any equipment or material so damaged or disposed of unless such damage is caused, in whole <br />or in part, the Company's negligence or willful misconduct. <br /> <br />2.13 Temporary Measures <br /> <br />The Company agrees that if it is temporarily unable, for any reason, whether beyond its control <br />or otherwise, to transport a Dangerous Product from the site of a Release to a disposal or storage <br />facility it shall utilize a secure storage site designated by Fargo Casso In the event any dangerous <br />Product cannot be transported, Fargo Cass undertakes to provide, at its costs, a secure storage <br />site for the Dangerous Product until such time as the Company is able to transport them. <br /> <br />ARTICLE 3 <br />Representations and Warranties of the Company <br /> <br />3.1 Knowledge of Dangerous Product <br /> <br />The Company represents and warrants that it is knowledgeable and experienced in the provision <br />of the Services and in the handling, transportation, treatment, storage, disposal, recycling testing, <br />sampling and chemical analysis of Dangerous Product, and is aware of the potential adverse <br />human and animal health effects and hazards to the Environment of any dangerous product <br />associated with the provision of the Services. The Company further represents that it has <br />knowledge regarding prevailing industry standards of care concerning the safe handling, <br />transportation, treatment, storage, disposal, recycling, testing, sampling and chemical analysis of <br />Dangerous Product and products, wastes, or other materials containing a Dangerous Product. <br /> <br />3.2 Employee Training <br /> <br />The Company represents and warrants that any employee, agent, subcontractor, invitee or <br />licensee who is granted access by the Company to the site of a Release in order to provide <br />Services shall be explicitly warned of all potential adverse human health effects and hazards to <br />the Environment associated with any Dangerous Product and that all of such person shall have <br />received adequate training (as a minimum, training required by any Governmental Authorities <br />having jurisdiction over the site of the Release and the provision ofthe Services) in the proper <br />methods of working with or near such dangerous Product. The Company agrees that anyone <br />under its control no so trained shall not be allowed access to the site of a Release or to any <br />Dangerous Product associated with the Services. Allowing access without such training may <br />constitute an act of negligence by the Company, and shall be grounds for Fargo Cass to <br />immediately terminate this Agreement. <br /> <br />3.3 General Representations and Warranties <br /> <br />The Company represents and warrant to Fargo Cass, all of which representations and warranties <br />shall survive the execution and delivery of this Agreement, that: <br /> <br />v3 <br /> <br />-7- <br />
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