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misconduct. Reimbursement costs for equipment or material will be based upon the actual market value of the equipment or material at the time it is damaged, 2.13 Temporary Measures The Company agrees that if it is temporarily unable, for any reason, whether beyond its control or otherwise, to transport a Dangerous Product from the site of a Release to a disposal or storage facility it shall utilize a secure storage site designated by Fargo/Cass/West Fargo. In the event any Dangerous Product cannot be transported, Fargo/Cass/West Fargo undertakes to provide, at its costs, a secure storage site for the Dangerous Product until such time as the Company is able to transport them. ARTICLE 3 Representatives and Warranties of the Company 3.1 Knowledge of Dangerous Products The Company represents and warrants that it is knowledgeable and experienced in the provision of the Services and in the handling, transportation, treatment, storage, disposal, recycling testing, sampling and chemical analysis of Dangerous Product, and is aware of the potential adverse human and animal health effects and hazards to the Environment of any dangerous product associated with the provision of the Services. The Company further represents that it has knowledge regarding prevailing industry standards of care concerning the safe handling, transportation, treatment, storage, disposal, recycling, testing, sampling and chemical analysis of Dangerous Product and products, wastes, or other materials containing a Dangerous Product. 3,2 Employee Training The Company represents and warrants that any employee, agent, subcontractor, invitee or licensee who is granted access by the Company to the site of a Release in order to provide Services shall be explicitly warned of all potential adverse human health effects and hazards to the Environment associated with any Dangerous Product and that all of such persons shall have received adequate training (as a minimum, training required by any Governmental Authorities having jurisdiction over the site of the Release and the provision ofthe Services) in the proper methods of working with or near such dangerous Product. The Company agrees that anyone under its control not so trained shall not be allowed access to the site of a Release or to any Dangerous Product associated with the Services. Allowing access without such training may constitute an act of negligence by the Company, and shall be grounds for Fargo/Cass/West Fargo to immediately terminate this Agreement. 3.3 General Representatives and Warranties The Company represents and warrants to Fargo/CasslWest Fargo, all of which representations and warranties shall survive the execution and delivery of this Agreement, that: (a) Corporation Existence: The Company is a corporation duly incorporated and validly subsisting under the laws of Minnesota and is authorized to do business within the state of North Dakota; - 7 - C:\Documents and Settings\worden\Local Settings\Temporary Internet Files\OLK658\Emergency Response Services Agreement.doc