Common use of Regulated Medical Waste Services Clause in Contracts

Regulated Medical Waste Services. (a) Upon the terms and conditions contained herein, Stericycle, Inc. shall collect, transport, treat and dispose of all Regulated Medical Waste (except Non-conforming Waste) generated by Customer during the term of this Agreement. Stericycle employees may refuse containers that are determined to be Non-conforming Waste. (b) Responsibility for transportation of Regulated Medical Waste collected from Customer shall transfer and vest in Stericycle at the time it is loaded into Stericycle’s vehicle. Customer shall have title to Regulated Medical Waste at all prior times. Customer shall hold title to any Non-Conforming Waste at all times, whether refused for collection or returned to the customer for proper disposal after collection. (c) All Regulated Medical Waste must be accompanied by a properly completed shipping document pursuant to 49 CFR 172.202 (Manifest). (d) For purposes of this agreement, “Regulated Medical Waste” means: (i) waste or reusable material derived from medical treatment of an animal or human, which includes diagnosis and immunization, or from biomedical research, which includes production and testing of biological products. Regulated medical waste is assigned to UN 3291, except for regulated medical waste containing Category A infectious substances, which must be classified as Division 6.2 material described as an infectious substance and assigned to UN 2814 or UN2900 as appropriate; No Category A materials may be discarded in the regulated medical waste containers; (49 CFR 173.134); (ii) As defined in 29 CFR 1910.1030 and all other applicable laws, rules, regulations and guidelines; and (iii) trace chemotherapy discarded items which may have been contaminated provided that such items, including vials and syringes, shall be “empty” as defined in applicable laws, regulations and guidelines. (e) For the purposes of this agreement, “Non-Conforming Waste” means: (i) any waste or other material not falling within the definition of Regulated Medical Waste, and includes complete human remains ; (ii) radioactive wastes; (iii) any listed or characteristic hazardous wastes, chemotherapeutic hazardous waste and substances as defined in any applicable laws, regulations and guidelines; (iv) pharmaceutical waste (except as allowed under Stericycle’s waste acceptance policy); (v) any device, solution or waste containing mercury including dental wastes (amalgam and products, chairside traps, amalgam sludge or vacuum pumps); (vi) improperly segregated, labeled or packaged waste, including sharps not in designated sharp containers; (vii) containers that are leaking, damaged or likely to create risk of exposure to employees or the general public; and (viii) any other material which Stericycle may not collect, transport, treat or dispose in accordance with applicable laws, regulations or guidelines. Customer shall be liable for all injuries, losses and damages that result from any Non-conforming Waste, due to packaging or contents, being collected, transported, treated or disposed by Stericycle. For further clarification see Stericycle’s current Waste Acceptance Policy, which is attached hereto and incorporated herein by reference. A copy of Stericycle’s Waste Acceptance Policy may be obtained from your local Stericycle representative.

Regulated Medical Waste Services. (a) Upon MedPro and/or its subcontractor shall ensure the terms collection, transportation, treatment and conditions contained herein, Stericycle, Inc. shall collect, transport, treat and dispose disposal of all Regulated Medical Waste (except Non-conforming Conforming Waste) generated by Customer during the term of this Agreement. Stericycle employees may refuse containers that are determined to be Non-conforming Waste. (b) Responsibility for transportation of Regulated Medical Waste collected from Customer shall transfer and vest in Stericycle MedPro and/or its subcontractor at the time it is loaded into Stericycleonto MedPro and/or its subcontractor’s vehicle. Customer shall have title to Regulated Medical Waste at all prior times. Customer shall hold title to any Non-Conforming Waste at all times, whether refused for collection or returned to the customer for proper disposal after collection; waste will be considered nonconforming if it has constituents, characteristics, components or properties not included as acceptable waste on the Waste Acceptance Policy or is not properly labeled, packaged, or segregated as required by law. (c) All Regulated Medical Waste must be accompanied by a properly completed shipping document pursuant to 49 CFR 172.202 112.202 (Manifest). (d) For purposes of this agreement, “Regulated Medical Waste” means: (i) waste MedPro employees or reusable material derived from medical treatment of an animal or human, which includes diagnosis and immunization, or from biomedical research, which includes production and testing of biological products. Regulated medical waste is assigned subcontractors may refuse containers that are determined to UN 3291, except for regulated medical waste containing Category A infectious substances, which must be classified as Division 6.2 material described as an infectious substance and assigned to UN 2814 or UN2900 as appropriate; No Category A materials may be discarded in the regulated medical waste containers; (49 CFR 173.134); (ii) As defined in 29 CFR 1910.1030 and all other applicable laws, rules, regulations and guidelines; and (iii) trace chemotherapy discarded items which may have been contaminated provided that such items, including vials and syringes, shall be “empty” as defined in applicable laws, regulations and guidelines. (e) For the purposes of this agreement, “Non-Conforming Waste” means: (i) any waste or other material not falling within as identified in the definition of Regulated Medical Waste, and includes complete human remains ; (ii) radioactive wastes; (iii) any listed or characteristic hazardous wastes, chemotherapeutic hazardous waste and substances as defined in any applicable laws, regulations and guidelines; (iv) pharmaceutical waste (except as allowed under Stericycle’s waste acceptance policy); (v) any device, solution or waste containing mercury including dental wastes (amalgam and products, chairside traps, amalgam sludge or vacuum pumps); (vi) improperly segregated, labeled or packaged waste, including sharps not in designated sharp containers; (vii) containers that are leaking, damaged or likely to create risk of exposure to employees or the general public; and (viii) any other material which Stericycle may not collect, transport, treat or dispose in accordance with applicable laws, regulations or guidelines. Customer shall be liable for all injuries, losses and damages that result from any Non-conforming Waste, due to packaging or contents, being collected, transported, treated or disposed by Stericycle. For further clarification see Stericycle’s current Waste Acceptance PolicyPolicy (WAP), which is attached hereto and incorporated herein by reference. A copy Customer shall place only "Regulated Medical Waste’ as defined by 49 CFR 173.134 or by any other federal, state and local regulations in waste containers for disposal. Customer represents and warrants that (1) the waste presented for disposal will not contain any "hazardous”, "toxic", “radioactive”, or Non-Conforming Wastes as defined by all applicable laws, regulations and the WAP, (2) the waste strictly conforms to MedPro’s WAP and their local laws and regulations concerning Regulated Medical Waste, and (3) Customer has reviewed the attached WAP and its complete definitions and requirements. Customer shall be liable for any and all injuries, losses and damages resulting from Non-Conforming Waste. MedPro reserves the right to change the WAP at any time to ensure compliance with applicable laws or regulations. Performance. MedPro and/or its subcontractors shall exercise standards of Stericycle’s Waste Acceptance Policy may care reasonable to the medical waste disposal industry in its performance of this Agreement. The Parties agree that a missed pick-up shall not be obtained from your local Stericycle representativea breach of this Agreement; should such an event occur, MedPro shall have 15 business days to resolve the event. MedPro nor its subcontractor shall be responsible if its performance of this Agreement is delayed or interrupted by acts or contingencies beyond its own control including acts of God, war, blockades, riots, explosion, strikes, lockouts, fire, accidents to equipment, labor or industrial disturbances, injunctions or compliance with laws, regulations, guidelines or order of any governmental body now existing or hereafter created.