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; " '~~ "f' '.;' RECEIVED FEB u~ 8 20061 ~OP3 of (!lIYtndll+ beJwe~11 ftj beft 0"1.4 their e.41.~tv/lder. ").'- CASS COUNTY COMMISSION CONTRACT THIS CONTRACT is between the State of North Dakota acting through the North Dakota Department of Agriculture ("State") and Onyx Environmental Services, L.L.C., a Delaware limited liability company ("Contractor"). RECITALS WHEREAS, State desires a qualified contractor to provide proper disposal services for unusable pesticides. State's pesticide and pesticide container program, otherwise known as Project Safe Send ("PSS"), was created by the state legislature in 1991 by Senate Bill 2025, and is codified under Chapter 4-35.2 of the North Dakota Century Code. WHEREAS, PSS participants include people who desire the disposal of pesticides and pesticide containers. The type and quantity of the waste varies, but its characteristics and toxicity are such that many of these Waste materials should not be disposed in solid waste landfills. The Waste will be collected during individual collection events located throughout North Dakota. These collection events will occur during July 2005. WHEREAS, Contractor possesses the necessary experience, expertise, knowledge and ability to collect, identify, transport and dispose of hazardous waste. NOW, THEREFORE, in consideration of the foregoing and mutual covenants and conditions provided herein, the parties agree as follows: 1. TERM OF CONTRACT This contract is effective from the date signed by both parties until December 31, 2005. This contract may be renewed upon satisfactory completion of the initial contract term. State reserves the right to execute up to two options to renew this contract annually under the same terms and conditions for successive terms of length as mutually agreed upon. This contract will not automatically renew. The State will provide written notice to the contractor of its intent to renew this contract at least 30 before the scheduled contract expiration date. 2. STATEMENT OF SERVICES Contractor agrees to perform the services described in this contract for the collection and final treatment or disposal of unusable pesticide Waste from the summer 2005 PSS program. Pesticide Waste ('Waste") means unusable pesticides and all pesticide containers (including cylinders) received from participants during collection events. Waste does not include containers or packaging material provided by Contractor. PSS participants will not be required to obtain generator numbers at the collection sites. 1