SERVICE ACCEPTANCE
As per this Waste Disposal & Service Agreement, the Texas Gulf Recycling agrees to process and dispose of Waste products and confirms that they will be responsible for tools, equipment, labor, and manpower to achieve this.
The Texas Gulf Recycling ensure that equipment, vehicles and tools are operated by qualified and licensed operators.
Texas Gulf Recycling agrees to dispose of Waste products in a valid and assigned disposal area. Texas Gulf Recycling confirms that they will not dispose of the Waste products in sewers, rivers, swamps, and locations that are not in the agreed assigned area. Texas Gulf Recycling is not allowed to collect hazardous wastes.

VALID AND ACCEPTABLE WASTE
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties agree to the following terms and conditions.
1. Delivery of Acceptable Waste. “Customer” or “Contractor” , either itself or
by and through its hauler(s), shall deliver Acceptable Waste (as defined below) to the
Transfer Stations.
2. Delivery Procedures; Operation of the Transfer Station.
3. Acceptance of Acceptable Waste. Texas Gulf Recycling shall have the right
in its sole discretion to reject delivery of any waste offered for acceptance by
Customer/Contractor that does not constitute Acceptable Waste.
“Acceptable Waste” means all Municipal Solid Waste collected by the Customers/
Contractor or its haulers, including Bulky Waste and Yard Waste, that is authorized to
be disposed of at the Transfer Station under then applicable federal, state and local
laws, regulations, ordinances, rules, permits, licenses, and governmental orders or
directives (collectively “Applicable Laws”) and that is not Unacceptable Waste
(as defined below). For purposes of this Agreement, the following definitions apply:
(i) Municipal Solid Waste (MSW) means useless, unwanted or discarded
nonhazardous materials (trash or garbage) with insufficient liquid content to be free
flowing that result from residential, commercial, governmental and community
operations. Municipal Solid Waste does not include any Unacceptable Waste.
(ii) Bulky Waste means stoves, refrigerators (with all CFC and other refrigerants
removed), water tanks, washing machines, furniture, and other similar items with
weights and/or volumes greater than those allowed for the waste container supplied.
(iii) Yard Waste means grass, leaves, flowers, stalks, stems, tree trimmings,
branches, and tree trunks not to exceed 8 feet in length.
4.“Unacceptable Waste”
(a) Delivery of Unacceptable Waste. Customer/ Contractor agrees that it shall not
deliver any Unacceptable Waste to the TGR Transfer Station. If Customer delivers
waste that contains both Acceptable Waste and Unacceptable Waste, the entire
delivery shall constitute Unacceptable Waste. If the Unacceptable Waste cannot
be separated from the Acceptable Waste through the reasonable efforts of the customer/Contractor or TGR Team.
(b) Weighing and Inspection of Waste by Texas Gulf Recycling Staff is required each
trip. Texas Gulf Recycling shall weigh all Acceptable Waste at the TGR Transfer
Station, and the weight so determined shall be final and conclusive on both
the Customer and The Service Provider. Texas Gulf Recycling shall have the right, but not the obligation, to inspect any of Customer’s trucks to determine whether the waste
delivered is Acceptable Waste or Unacceptable Waste.
(c) Rejection of Unacceptable Waste. If Customer/ Contactor delivers Unacceptable
Waste to the TGR Transfer Station, Customer / Contractor may, in its sole
discretion: (i) reject such Unacceptable Waste at the Customer’s expense; or (ii) if the
Service Provider does not discover such Unacceptable Waste in time to reject and
reload such Unacceptable Waste, after giving Customer telephonic notice thereof and
a reasonable opportunity to dispose of such Unacceptable Waste, Service Provider
may, as Customer’s agent, dispose of such Unacceptable Waste at a location
authorized to accept such Unacceptable Waste by all Applicable Laws and charge
Customer all direct and indirect costs incurred due to handling, delivery and disposal
of such Unacceptable Waste, unless Customer otherwise elects to arrange for
disposal of the Unacceptable Waste. If Customer elects to dispose of such
Unacceptable Waste, it shall do so within such time as Contractor reasonably deems
necessary or appropriate in connection with the operation of the TGR Transfer
Station, including the preservation of the health and safety of its employees.
Notwithstanding the foregoing, no notice shall be required by the Service Provider to
the Customer for the Service Provider to dispose of Unacceptable Waste as Customer in emergency situations where in Service Provider’s reasonable judgment a delay in such disposal could constitute a hazard to the TGR Transfer Station or any person on, about or near the premises.
(d)Unacceptable waste is “Defined” as the following but not limited to: Large Items
– Items larger than the roll-off box will not be accepted (Unless Specialty waste services
were set up prior to this order) Containers with liquid will not be accepted except as
allowed under 30 TAC 330.15(e)(6) Empty or Full Containers that are marked as
hazardous or labeled as a chemical container (excluding pesticide, insecticide,
herbicide, fungicide, rodent containers) Dead Animal Carcass or Slaughterhouse
wastes Industrial Solid Wastes Liquids or Sludge Material including Wastewater
Medical Waste Gasoline or Diesel Fuels in any container Oils or Lubricants
(Other than recyclable vehicle oil)
Chemicals of any kind (excluding pesticide, insecticide, herbicide, fungicide, rodent
containers) Regulated Asbestos Containing Materials (RACM’s) Polychlorinated
Biphenyls (PCBs) waste as defined under 40 CFR Part 761 Radioactive Materials
Waste from outside the State of Texas Contaminated Soils Regulated Hazardous
Waste other than from conditionally exempt small-quantity generators.
PAYMENT AND FEES
PAYMENT AND FEES
Payments are made at the time of service unless, terms have been set up prior
to service day. All credit cards transactions are charged an additional 4% fee per
charge. Any accounts past dues are subject to automatic payment of card on file plus
an additional 5%.
CONTRACTOR RATES ARE DETERMINED BY THE VOLUME OF THE WASTE
DELIVERED TO THE FACILITY EACH MONTH.
Payments are to be made to TEXAS GULF RECYCLING.
a)Fees. Customer shall pay Service Provider a disposal fee(the “Disposal Fee”), as
set forth in Exhibit A, for all Acceptable Waste the customer delivers to the TGR
Transfer Station.
(b)Payment; Deposit. Service Provider shall transmit an itemized invoice to Customer
of all Disposal Fees and other charges under this Agreement on a periodic basis as
indicated on the cover page of this Agreement. Customer shall pay all invoices within
30 days after receipt of invoice. If Customer does not make payment by such date,
Customer shall pay a late payment fee in an amount of 5% per month on the amount
past due. Customer also shall pay a fee of $50 (which service provider may increase
from time to time by notice to Customer for each check submitted by Customer that is
an insufficient funds check or is returned or dishonored. If the Customer decides to
pay with a credit card, Contractor may add a 4% processing fee.
(c)Because disposal, environmental compliance, and fuel cost constitutes
a significant portion of TGR’s overall cost. Customer understands and agrees that TGR
may adjust at its discretion and with / without prior notice or consent Customers’
disposal fee and/ or other charges on the customers invoice to achieve and operating
margin acceptable to TGR for continues performance of service. Customer
understands and agrees that TGR may impose, and that customer must pay certain
fees, weather contemplated at the time of this agreement was executed or not. TGR
may increase or decrease these fees and assessment at any time or for any reason,
including without limitation to help recover a portion of overall cost incurred by TGR
to achieve a necessary operating margin. Increases in TGR’s cost due to changes
in local, state or federal rules, ordinances or regulations applicable to TGR’s operations
or the service provided hereunder; and increase in taxes, fees or there government
charges assessed against TGR. (Other than income or property taxes).
Notwithstanding anything to the contrary, if the customer does not object, in writing,
withing 30 days of the invoice date, customer shall have conclusively agree that such
invoice is correct in all respects, whether paid or not, and that customer is responsible
for all amounts included on the invoice.
(d)Personal Guaranty of Customer Obligations. Each Guarantor hereby
unconditionally guarantees to TGR, and it permitted successors and assigns, the full
and punctual payment when due of all amounts at any time owed to TGR by
customer pursuant to this agreement and all other sums and charges now or
hereafter due and owing to TGR form Customer ant the faithful, punctual and
complete performance and observance by customer of all terms contained in this
agreement and any amendment hereto that are entered into by TGR and customer. If
customer fails to make any payment due under this agreement, each guarantor
covenants and promises, immediately upon written demand from TGR, to pay TGR
the entire amount due and owing hereunder. TGR shall not be obligated to proceed
against or exhaust any other remedies it may have against customer or the other
guarantor or resort to any other collection efforts prior to enforcing the obligations of
either or both guarantors under this agreement.

INDEMNIFICATION
Customers/ Contractor hereby agrees to indemnify and hold TGR, its employees,
officers, directors and affiliates harmless from an against any and all loss, damage,
suits, liability, fines, and expenses (Including, but not limited to, reasonable
investigation and legal expenses) arising out of any claim for loss of or damage
to property, including customers’ or TGR’s property, and injuries to or death of persons,
including customer’s or TGR’s employee, to the extent caused by or resulting from (A)
negligence or willful misconduct of, or violation of any federal, state or local laws or
regulations by TGR, its employees or agents or (B) TGR’s breach of the provisions of
this agreement.

TERMINATION
This Waste Disposal & Service Agreement can be terminated if the parties involved
violate the terms, conditions, and agreement in this document.
CONFIDENTIALITY
The content of this Waste Disposal & Service Agreement is considered strictly
confidential. If a third party needs to view it, written approval or authorization should
be provided by both parties.

SEVERABILITY
If any one or more of the provisions contained in this Agreement is, for any reason,
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any other provisions of this Agreement, and all other
provisions shall remain in full force and effect.

ENTIRE AGREEMENT
This Agreement supersedes all prior agreements, written or oral, with respect to the
subject matter of this Agreement. Only a written instrument signed by both parties
hereto may modify this Agreement.

GOVERNING LAW
This Waste Management Service Agreement shall be governed under the law of
Texas.