DEFINITION OF EQUIPMENT. The word "equipment" as used in these Terms and Conditions shall mean all containers used for storage of waste material including stationary compaction units, stationary bailing units, waste material loading devices, tanks, tankers, and such other on-site devices as may be specified on the face of this agreement.

CUSTOMER'S DUTIES AND LIABILITIES. The equipment provided by Contractor is done so for contractor's convenience in providing the service called for by this Agreement. Customer shall be responsible for the cleanliness and safekeeping of the equipment.

Customer shall not overload the equipment, nor use it for incineration purposes, and shall be liable to Contractor for loss or damage in excess of reasonable wear and tear. Customer warrants that waste delivered to Contractor hereunder will not contain any hazardous, highly flammable, explosive, biomedical, or toxic waste as defined by the Environmental Protection Agency or any STATE agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended, or by applicable STATE law.

All equipment furnished by the Contractor for use by the Customer which the Customer has not purchased, shall remain the property of the Contractor and the Customer shall have no right, title or interest in equipment. Customer agrees to defend, hold harmless and indemnify Contractor against all claims, lawsuits and any other liability of injury to persons or damage to property or the environment connected with the use of the equipment by the Customer or breach of any warranty by the Customer.

On collection day, the Contractor's vehicle shall have clear access to the equipment. If the equipment is blocked to prohibit collection, Customer will be notified and one additional attempt for collection shall be made by Contractor's vehicle. Any additional collection will be classified an "extra pick-up" and so duly charged.

RATE ADJUSTMENT. .

Customer agrees that Green Leaf Disposal & Recycling may proportionately pass through to Customer increases in cost as a result of weights being higher than those estimated. Rates may also be increased to reflect increase in taxes, fees or other governmental charges assessed against or passed through to Green Leaf Disposal & Recycling (other than income or real property taxes), Green Leaf Disposal & Recycling may only increase rates for reasons other than those set forth above with the consent of the Customer. Such consent may be evidenced verbally, in writing or by the actions and practices of parties.

CHANGES. Changes in the Schedule of Charges, frequency of collection service, number capacity and type of equipment may be agreed to orally or in writing, by the parties. Consent to oral changes shall be evidenced by the actions and practices of the parties.

DRIVEWAYS AND PARKING AREAS. Customer warrants that any right of way provided by Customer from Customer's equipment location to the most convenient public way is sufficient to bear the weight of all the contractor's equipment and vehicles reasonably required to perform the service herein contracted. Contractor shall not be responsible for damage to any private pavement or accompanying sub-surface of any route reasonably necessary to perform the services herein contracted.

ATTORNEY'S FEES. In the event of a breach of this agreement by either party, the breaching party shall pay all reasonable attorney's fees, collection fees and costs of the other party incident to any action brought to enforce this agreement.

ASSIGNMENT AND BENEFIT. This agreement shall be binding on the parties and their successors and assigns.

MISCELLANEOUS. If any conflict or differences exist in this agreement between terms which are printed and those which are typed or written, the typed or written language shall govern.

ENTIRE AGREEMENT. This agreement represents the entire understanding and agreement between the parties thereto and supersedes any and all prior agreements, whether written or oral that may exist between the parties regarding same.To Green Leaf Disposal & Recycling a Massachusetts Corporation: