[Letterhead of Envirocare
of Utah, Inc.]
ENVIROCARE OF UTAH, INC.
LOW-ACTIVITY RADIOACTIVE WASTE
DISPOSAL AGREEMENT
THIS AGREEMENT made and entered into as of this 29 day of December,
1989, by and between NUCLEAR METALS, INC., having its general offices at 0000
Xxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxxxxx 00000 (hereinafter called "Customer"),
and ENVIROCARE OF UTAH, INC., a Utah corporation, having its general offices
at 000 Xxxxx Xxxxx Xxxxxx Xxxxx 0000, Xxxx Xxxx Xxxx, Xxxx 00000 (hereinafter
called "Disposer").
WITNESSETH:
WHEREAS, Customer has certain quantities of waste materials as listed and
described in Exhibit "A", attached hereto and made a part hereof (hereinafter
called "Waste Material"), and desires to have Disposer receive and dispose of
such material at its Clive, Utah, waste disposal facility (hereinafter called
"The Facility"), which has been duly licensed by the State of Utah for receipt
and disposal of such waste, and
WHEREAS, attached hereto, reviewed by Customer, and made a part hereof is
Disposer's license #UT2300249 issued by the State of Utah, together with
amendments thereto which restrict the license and amendments thereto which
expand the license to permit Disposer to handle the Waste Material which is the
subject of this Agreement; and
WHEREAS, Disposer understands the toxic nature and the radioactive
characteristics of the Waste Material, as described in Exhibit "A" and is
willing to receive, handle, store, and dispose of the Waste Material in
accordance with Disposer's license, and other permit(s) or authorization(s)
granted pursuant to applicable governmental laws, rules, regulations,
ordinances, actions and requests (hereinafter referred to as "Regulations");
NOW, THEREFORE, in consideration of the payments to be made by Customer to
Disposer, as herein provided, and the mutual covenants and agreements herein
contained, Customer hereby engages Disposer and Disposer hereby agrees to
receive, handle, store, and dispose of the Waste Material described in Exhibit
"A" upon the terms and conditions hereinafter set forth.
-1-
1. WASTE MATERIAL. The Waste Material to be disposed of under this
Agreement shall be only of the type and quantities set forth in Exhibit "A",
which is attached hereto and by reference made a part hereof. The Customer shall
commence shipment or delivery of the Waste Material to the Disposer only if said
material conforms in every material respect to the description contained in
Exhibit "A", and complies in every material respect with Disposer's license and
other permit(s) or authorization(s) granted pursuant to the Regulations.
Customer shall not mix or otherwise combine the Waste Material with any
other material or products from any other party or source, nor present the same
for receipt by Disposer.
All Waste Material shall be __________________________________ when it
arrives at The Facility as determined by the Standard Xxxxxxx Method.
Customer shall execute properly and in full and deliver to Disposer the
Radioactive Waste Shipment and Disposal Record Form, the Waste Profile Record
Form, the Radiological Evaluation Form and the Physical Properties Evaluation
Form submitted by Disposer. Disposer shall rely on the information and data set
forth in said forms, and Customer represents and warrants that said information
and data is true and correct in all respects and is in accordance with all
applicable Regulations.
2. NONCONFORMING WASTE MATERIAL. The Disposer shall have no obligation to
receive, handle, store, or dispose of any waste material delivered at The
Facility which does not in fact conform to and/or comply with Disposer's license
and the Regulations. Upon discovering any nonconformity or noncompliance, the
Disposer will give written notification to Customer. Disposer, at its sole
option: (1) may remove or cause any nonconforming waste material to be removed
and returned to Customer or (2) may demand that the Disposer remove or cause the
material to be removed as soon as reasonably possible. All costs, expenses
and/or fees for or resulting from the preparation for removal and/or removal of
the material, including analysis and handling of the same, shall be paid by
Customer without regard to whether removal is made or caused to be made by
Disposer or by Customer. All costs, expenses and fees in transporting and in
preparing to transport the material from The Facility shall be paid by Customer.
If Disposer arranges for return of the material to Customer, the material shall
be transported to Customer by such means of transportation as Disposer shall
select.
-2-
3. TRANSPORTATION AND DELIVERY. Customer shall transport and deliver the
Waste Material or cause it to be transported and delivered to The Facility in
the manner and pursuant to the schedule specified in Exhibit "B", which is
attached hereto and by reference made a part hereof. The Waste Material shall be
transported and delivered only in accordance with Exhibit "B" in "strong tight"
containers as defined by 49 CFR 173 and approved by Disposer in writing before
loading and shipment and in accordance with the Regulations. Disposer shall have
no responsibility for arranging for, scheduling, or transporting the said
material.
The Customer shall notify Disposer in writing of each shipment ___________
prior to arrival of the shipment at The Facility.
If the loaded vehicles and/or containers do not pass Disposer's inspection,
Disposer shall give written notification to Customer, and Customer shall
promptly remove the same from The Facility. under no circumstances shall such
vehicles and/or containers be deemed or treated as accepted merely because the
same are located on The Facility.
Customer shall deliver the Waste Material at The Facility
_________________________________________. If delivery arrives after
_____________________________________________.
Disposer shall unload and release transporting vehicles and containers in a
timely fashion. If after unloading, Disposer determines that the vehicles and/or
containers are contaminated, Disposer shall give written notification to
Customer and Customer shall promptly arrange for the decontamination of the
vehicles and/or containers. Disposer shall perform the necessary decontamination
services, if Customer requests such services from Disposer, at the rate of
___________________________________________________.
Customer acknowledges that the lawful and timely disposal of the Waste
Material makes critical and vital the scheduling for delivery of the Waste
Material to, The Facility. Customer, therefore, shall deliver the Waste Material
at The Facility strictly according to the schedule set forth in Exhibit "B".
-3-
4. PACKAGING. Customer shall be responsible for all packages and containers
and warrants their compliance with the requirements and specifications in
Exhibit "B", and with all rules, regulations, laws and/or ordinances which may
be applicable to the safety, packaging, storage or transportation of such
containers.
5. REPRESENTATIONS AND WARRANTIES.
CUSTOMER: Customer represents and warrants that (1) all Waste Material
delivered to Disposer shall conform in every material respect to the description
contained in Exhibit "A", (2) prior to delivery of the Waste Material to
Disposer, Customer shall have obtained all required permits and approvals for
shipment and delivery of the Material, (3) all vehicles, containers, packages,
or equipment used by Customer in the shipment, transportation, or delivery of
the Waste Material shall comply with all rules, regulations, laws, and/or
ordinances which may be applicable to the safety, packaging, storage or
transportation of such vehicles, containers, packages, or equipment, and (4)
Customer, and its officers, employees, and agents, shall comply with the site
regulations established by Disposer for The Facility and with all instructions
and/or regulations of the Utah Department of Health and/or other governmental
authority having jurisdiction over The Facility.
DISPOSER: Disposer represents and warrants that it shall perform its
services in compliance with the Regulations.
6. INDEMNIFICATION. Customer shall indemnify, defend and save harmless
Disposer, and Disposer's officers, employees, and agents, against any and all
liability whatsoever, including all costs, expenses, and/or attorneys fees,
which may arise out the breach of any representation or warranty of Customer
contained in paragraph 5 above. This indemnification by the Customer is made
notwithstanding the provisions of paragraph 8, and is not diminished or limited
in any way by the said paragraph.
Disposer shall indemnify, defend and save harmless Customer, and Customer's
officers, employees, and agents, against any and all liability whatsoever,
including all costs, expenses, and/or attorneys fees, which may arise out of the
breach of any representation or warranty of Disposer contained in paragraph 5
above.
-4-
7. PAYMENT. In consideration of the receipt, handling, storage, and
disposal of the Waste Material, Customer shall make payment to Disposer
at the rates and prices set forth in Exhibit "C", which is attached hereto and
by reference made a part hereof, plus any and all __________________________
_______________________________ and ________________________________________
which are in effect as of the date the Waste Material is disposed of at The
Facility or are placed in effect subsequent to such date.
Measurement of the Waste Material shall be made by Disposer at any time
prior to disposal and Disposer's measurements shall be conclusive.
Disposer shall submit appropriate invoices to customer and shall keep
copies of said invoices for a period of at least two years as a record of
disposal. All invoices shall be due and payable by Customer upon receipt.
___________________________________________________________________________. If
Customer defaults in its payment obligations under this Agreement, it shall make
payment to Disposer of all costs, expenses, and attorney fees, incurred by
Disposer in effecting collection of said amounts. Failure to pay invoices when
due shall constitute a material breach of this Agreement.
Notwithstanding any language to the contrary contained herein, if Customer
is in default of this Agreement Disposer may, at its sole election, (1) waive
any such default on such terms as Disposer shall determine, including, but not
limited to, accepting Waste Material from Customer on a prepaid basis; (2)
suspend further performance by Disposer under this Agreement; or (3) declare
Customer in default of this Agreement.
8. TITLE TO WASTE MATERIAL. Upon the Disposer accepting and taking
possession at The Facility of Waste Material conforming to the description in
Exhibit "A", title, risk of loss, and all other incidents of ownership to the
material shall thereupon transfer from Customer and shall be held by Disposer.
Customer shall upon request by Disposer, sign and deliver to Disposer on its
approved form, a xxxx of lading to all such material so delivered. Customer
shall have no right to recovery of any material contained in the Waste Material
nor any credit for its potential value. Customer shall nevertheless remain
obligated in accordance with paragraph 2 above with regard to removal from The
Facility of Waste Material.
-5-
9. INSURANCE. Envirocare of Utah shall take out and maintain, at its
expense, during the term of this Agreement at least the following insurance with
respect to Disposer's ownership and operation of The Facility:
COVERAGE LIMITS
(a) Xxxxxxx'x compensation
(b) Employer's Liability
(c) Public Liability
(Bodily Injury)
(d) Public Liability
(Property Damage)
(e) Automotive Liability
(Bodily Injury)
(f) Automotive Liability
(Property Damage)
10. FORCE MAJEURE. The performance of this Agreement, except for the
payment of money owing for services actually rendered hereunder, may be
suspended by either party in the event of national defense requirements, any act
of God, war, riot, fire, explosion, accident, flood, sabotage, or lack of
adequate fuel, power, raw materials, labor, containers or transportation
facilities, or noncompliance by the other party with governmental requirements,
laws, regulations, orders or actions, or because of breakage or failure of
machinery or apparatus, or in the event of labor trouble, strike, lockout or
injunction (provided that neither party shall be required to settle a labor
dispute against its own best judgment), or any other event beyond the reasonable
control of such party, which event prevents the delivery, transportation,
acceptance or disposal of the Waste Material.
11. INDEPENDENT CONTRACTOR. Customer and Disposer are each separate
entities. Neither of them, nor their employees or agents, shall be deemed to be
employees or agents of the other of them and their subcontractors are
independent agents for all purposes and at all times.
12. WAIVER. Any waiver by either party of the breach of any provision or
condition of this Agreement shall not be construed or deemed to be a waiver of a
subsequent breach of the same provision or condition, unless such waiver be
expressed in writing and signed by the party to be bound.
-6-
13. NOTICE. Any notice, communication or statement required or permitted to
be given hereunder shall be in writing and deemed to have been sufficiently
given when delivered in person or by registered or certified mail, postage
prepaid, return receipt requested, or by telefax machine addressed as follows:
CUSTOMER: Nuclear Metals, Inc.
0000 Xxxx Xxxxxx
Xxxxxxx, Xxxxxxxxxxxxx 00000
Telefax # (508) 369-5410 ext. 500
DISPOSER: Envirocare of Utah, Inc.
000 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000
Xxxx Xxxx Xxxx, Xxxx 00000
Attention: Mr. Khosrow B; Semnani
Telefax # (000) 000-0000
or at such other address as a party shall hereafter, in writing, direct.
14. TERMINATION. Either party may terminate this Agreement by notice in
writing in the event that the other party makes an assignment for the benefit
of creditors; or admits in writing inability to pay debts as they mature; or
a trustee or receiver of the other or of any substantial part of the other's
assets is appointed by any court; or a proceeding is instituted under any
provision of the Federal Bankruptcy Code by the other or against the other,
and is acquiesced in or is not dismissed within 60 days, or results in an
adjudication in bankruptcy.
15. CONFIDENTIALITY. The parties shall treat as confidential property
and not disclose to others during or subsequent to the term of this
Agreement, except as is necessary to perform this Agreement hereunder and
then only on a confidential basis satisfactory to both parties, and
information, including technical information, experience or data, regarding
the other party's plans, programs, plants, processes, products, disposal
costs, equipment, operations, customers and/or the specific contractual terms
contained herein which may come within the knowledge of the parties, their
officers or their employees in the performance of this Agreement without in
each instance securing the prior written consent of the other party. Disposer
shall also treat as confidential and shall not disclose to other, except as
-7-
required by law, governmental rules, regulations and/or orders, information
relating to the composition of the Waste Material and/or the quantity of
Waste Material delivered to it by Customer. Nothing herein, however, shall
prevent either Disposer or Customer from disclosing to others or using in any
manner information which either party can show:
(a) Has been published and become part of the public domain other than by
acts, omissions, or fault of Disposer or Customer or their employees.
(b) Has been furnished or made known to Disposer or Customer by third
parties other than those acting directly or indirectly for or on
behalf of Customer or Disposer as a matter of legal right without
restriction against disclosure.
(c) Was in the other party's possession prior to the disclosure thereof
by Customer or Disposer to each other.
16. SURVIVAL. The representations, warranties, covenants, and agreements
made herein shall survive expiration and/or termination of this Agreement.
17. AMENDMENT/ASSIGNMENT. This Agreement may be amended or assigned only by
the written agreement of the parties.
18. BINDING. This Agreement shall be binding upon, and shall inure to the
benefit of, the parties hereto and their respective successors and permitted
assigns.
19. DEFAULT. In the event any party to this Agreement defaults in any of
the covenants or agreements contained herein, the defaulting party shall pay all
costs and expenses, including reasonable attorney's fees, incurred by the other
party in enforcing its rights arising hereunder.
20. APPLICABLE LAW. This Agreement is entered into in the County of Salt
Lake, State of Utah, shall be performed in the County of Tooele, State of Utah,
and shall be governed and construed in accordance with the laws of the State
of Utah. This Agreement is a contract for services, and passage to Disposer of
-8-
title to Waste Material shall not cause the transaction to be characterized as
a sale of goods.
21. HEADINGS AND PARAGRAPH NUMBERS. Headings and paragraph numbers have
been inserted herein solely for convenience and reference and shall not be
construed to affect the meanings, construction or effect of this Agreement.
22. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which may be executed by less than all of the parties
hereto, each of which shall be enforceable against the parties actually
executing such counterparts, and all of which together shall constitute one
instrument.
23. SEVERABILITY. In the event that any provision of this Agreement becomes
or is declared by a court of competent jurisdiction to be illegal, unenforceable
or void, the Agreement shall continue in full force and effect without the said
provision; provided that no such severability shall be effective if it
materially changes the economic benefit of this Agreement to any party.
24. ENTIRE AGREEMENT. This Agreement constitutes the full and entire
understanding and agreement between the parties hereto, and supersedes any
language, term, condition, or other provision of any prior written materials,
including any request for proposal, and any oral communications between the
parties.
IN WITNESS WHEREOF, Disposer and Customer have been caused this Agreement
to be executed by its duly authorized representative(s) on the day and year set
forth below.
ENVIROCARE OF UTAH, INC. NUCLEAR METALS, INC.
By /s/ Xxxxxxx Xxxxxxx By /s/ X. X. XxxXxx /s/ A.R. Xxxxxx
----------------------------- -----------------------------------------
Title President Title V.P., Operations/V.P. Health/Safety
Date signed 2-20-90 Date signed 12-29-89
-------------------- --------------------------------
(DISPOSER) (CUSTOMER)
-9-
EXHIBIT "A"
NUCLEAR METALS, INC.
DESCRIPTION OF THE WASTE MATERIAL
The Waste Material to be disposed of is as follows:
as approved by the ___________________________________________________
_______________ (a copy attached) in response to the information provided by
Customer describing the waste material.
Any post-delivery adjustment ________ which is required by Disposer pursuant
to paragraph 1 of this Disposal Agreement will be performed by Disposer at
Customer's expense as provided in Exhibit "C" of this Disposal Agreement.
-10-
EXHIBIT "B"
NUCLEAR METALS, INC.
DELIVERY SCHEDULE
The Waste Material shall be delivered to the facility no later than December
31, 1990 in quantities which may total less but not more than ___________.
The Waste Material shall be shipped and delivered in __________.
____________________________________________________________________ Shipment
shall be by ________________________________________________. "Exclusive use"
service shall be employed. Customer may, at its option, elect an alternative
method of transportation of the Waste Material conditional upon it first
obtaining the written agreement of Disposer as to such alternative
transportation method and as to the price to be paid to Disposer for receipt
and handling of said material pursuant to that alterative method. If Customer
and Disposer agree to an alternative method of transportation, this Exhibit
"B" shall thereupon be amended to reflect the agreement as to the alternative
method. The Waste Material shall be delivered at such times and frequency as
specifically set forth in written notice which Customer shall give to
Disposer not less than thirty (30) days prior to delivery of the first
shipment to The Facility.
-11-
EXHIBIT "C"
NUCLEAR METALS, INC.
PRICE SCHEDULE
The following charges will apply to Waste Material described in Exhibit "A"
which meets each of the requirements of this Agreement:
If the delivery schedule requires The Facility to operate _______________
___________, an additional charge of _________________________________
______________________ shall be added to the disposal charges given above.
-12-
FIRST ADDENDUM
TO
DISPOSAL AGREEMENT DATED DECEMBER 29, 1989, BETWEEN NUCLEAR METALS,
INC. ("CUSTOMER") AND ENVIROCARE OF UTAH, INC. (DISPOSER")
R E C I T A L S
1. Disposer has not received to date any Waste Material from the Customer
(as defined in Exhibit "A" to the Disposal Agreement dated December 29, 1989),
pursuant to the Disposal Agreement.
2. Customer and Disposer desire to amend the Disposal Agreement in the
particulars hereinafter provided.
NOW THEREFORE, it is agreed as follows:
1. Customer and Disposer agree the Waste Material shall be delivered to
The Facility no later than December 31, 1991 _______, pursuant to the terms
of the Disposal Agreement as modified by this first Addendum to Disposal
Agreement.
2. For the term of the Disposal Agreement and this First Addendum to
Disposal Agreement, Disposer shall receive, handle, store and dispose of the
Additional Waste Material from the Customer at the disposal rate outlined below:
EXHIBIT "C"
NUCLEAR METALS, INC.
PRICE SCHEDULE
The following charges will apply to all Waste Material (as defined in
Exhibit "A" to the Disposal Agreement) delivered by Customer to Disposer
which meets each of the requirements of this Agreement:
If the delivery schedule requires the Facility to operate _____________ an
additional charge of _________________________________________________________
shall be added to the disposal charges given above.
If Waste Material _____________________, an additional charge of
________________________________________________________________________________
shall be added to the disposal charges given above.
4. All terms and provisions of the Disposal Agreement remain in full force,
effect and unchanged except as hereinabove specifically provided.
THIS AGREEMENT made this eighteenth day of January, 1991.
ENVIROCARE OF UTAH, INC. NUCLEAR METALS, INC.
By: /s/ Xxxxxxx Xxxxxxx By: /s/ X. X. XxxXxx /s/ A. R. Xxxxxx
----------------------------- ----------------------------------------
Title: President Title: V.P., Operations V.P. Safety
Date Signed: February 25, 1991 Date Signed: January 31, 1991
---------------------------- -------------------------------
SECOND ADDENDUM
TO
DISPOSAL AGREEMENT DATED DECEMBER 29, 1989, BETWEEN NUCLEAR METALS, INC.,
("CUSTOMER") AND ENVIROCARE OF UTAH, INC., ("DISPOSER").
RECITALS:
1. Disposer has received from the Customer approximately _______ of Waste
Material (as defined in Exhibit A to the Disposal Agreement dated December
29, 1989, pursuant to the Disposal Agreement.
2. By First Addendum dated January 18, 1991, Customer and Disposer
amended said Disposal Agreement and now desire to further amend the Disposal
Agreement in the particulars hereinafter provided.
NOW THEREFORE, it is agreed as follows:
1. This Second Addendum replaces and is executed in substitution of the
First Addendum dated January 18, 1991.
2. Customer and Disposer agree that Disposer will receive, within the time
as herein provided and will handle, store and dispose of additional Waste
Material, i.e. Waste Material _____________________________________ received
from the Customer. Said additional waste material (hereinafter "Waste Material")
shall be so received, handled, stored and disposed of pursuant to the terms of
the Disposal Agreement and this Second Addendum to Disposal Agreement.
3. FIRST/LAST SHIPMENT: The first shipment of Waste Material shall
arrive at the Facility before January 31, 1992. The last shipment shall
arrive at the Facility before December 31, 1994.
4. For the term of the Disposal Agreement and this Second Addendum,
Disposer shall receive, handle, store and dispose of the Waste Material
contemplated by this Second addendum at the rates outlined below:
5. Notwithstanding the terms of the Disposal Agreement and this Second
Addendum, Disposer does reserve the right to refuse to accept all or any
portion of the Waste Material contemplated by this Second Addendum in the
event, conditional upon, and to the extent that any governmental agency or
other authority having jurisdiction for the regulation or oversight of The
Facility, including, but not limited to, the State of Utah and the Northwest
Interstate Compact Committee, directs or requires that Disposer not accept
delivery of said Waste Material at The Facility.
6. The following charges will apply to all Waste Material (as defined in
Exhibit "A" to the Disposal Agreement) contemplated by this Second Addendum
and delivered by Customer to Disposer and which meets each of the
requirements of this Agreement:
If the delivery schedule requires the Facility to operate ____________, an
additional charge of ____________ shall be added to the disposal charges
given above.
If Waste Material ________________, an additional charge of ______________
shall be added to the disposal charges given above.
7. All terms and provisions of the Disposal Agreement remain in full
force, effect and unchanged except as hereinabove specifically provided.
THIS AGREEMENT made this eleventh day of November, 1991.
ENVIROCARE OF UTAH, INC. NUCLEAR METALS, INC.
By: /s/ Xxxxxxx Xxxxxxx By: /s/ X.X. XxxXxx
-------------------------- --------------------------
Title: President Title: V.P., Operations
----------------------- ------------------------
Date Signed: 12/2/91 Date Signed: November 22, 1991
----------------- ------------------
NUCLEAR METALS, INC.
By: /s/ A. R. Xxxxxx
--------------------------
Title: V.P. Health/Safety
-----------------------
Date Signed: November 22, 1991
------------------
THIRD ADDENDUM
TO THE
DISPOSAL AGREEMENT DATED DECEMBER 29, 1989, BETWEEN
NUCLEAR METALS, INC. ("CUSTOMER")
AND ENVIROCARE OF UTAH, INC., ("DISPOSER")
RECITALS
1. Disposer has received from the Customer as of January 31, 1995
approximately ____________ of Waste Material (as defined in Exhibit "A"
to the Disposal Agreement dated December 29, 1989.
2. Customer and Disposer desire to amend the Disposal Agreement in the
particulars hereinafter provided.
NOW THEREFORE, it is agreed as follows:
1. Paragraph one (1) is amended extending the time during which the
last shipment of Waste Material may arrive at The Facility to July 31, 1995.
2. Disposer shall accept and dispose of __ constituting of __________.
The disposal cost for said ___ shall be _________________ will be figured at
___________________.
3. All terms and provisions of the Disposal Agreement and previous
Addendums remain in full force, effect and unchanged except as hereinabove
specifically provided.
THIS AGREEMENT made this 22nd day of March, 1995.
ENVIROCARE OF UTAH, INC. NUCLEAR METALS, INC.
By: /s/ Xxxxxxx X. Xxxx By: /s/ Xxxxx X. Xxxxxxx
------------------------- -------------------------
Xxxxxxx X. Xxxx
Title: Vice President Title: VP Health & Safety
---------------------- ----------------------
Date Signed: 5/2/95 Date Signed: 3/23/95
---------------- -----------------
FOURTH ADDENDUM
TO THE
DISPOSAL AGREEMENT DATED DECEMBER 29, 1989, BETWEEN
NUCLEAR METALS, INC. ("CUSTOMER")
AND ENVIROCARE OF UTAH, INC. ("DISPOSER")
RECITALS
1. Disposer has received from the Customer as of July 31, 1995,
approximately __________ of Waste Material (as defined in Exhibit "A" to
the Disposal Agreement dated Dated December 29, 1989.
2. Customer and Disposer desire to amend the Disposal Agreement in the
particulars hereinafter provided.
NOW THEREFORE, it is agreed as follows:
1. Paragraph one (1) is amended extending the time during which the last
shipment of Waste Material may arrive at The Facility to December 31, 1996.
2. Disposer shall accept and dispose of all waste material at a
disposal cost of ______________.
3. All terms and provisions of the Disposal Agreement and previous
Addendums remain in full force, effect and unchanged except as hereinabove
specifically provided.
THIS AGREEMENT made this 16th day of August 1995.
ENVIROCARE OF UTAH, INC. NUCLEAR METALS, INC.
By: /s/ Xxxxxxx X. Xxxx By: /s/ Xxxxx X. Xxxxxxx
------------------------- -------------------------
Xxxxxxx X. Xxxx
Title: Vice President Title: VP Health & Safety
---------------------- ----------------------
Date Signed: 9/21/95 Date Signed: 8/25/95
---------------- ----------------
FIFTH ADDENDUM
TO THE
DISPOSAL AGREEMENT DATED DECEMBER 29, 1989, BETWEEN
NUCLEAR METALS, INC., ("CUSTOMER")
AND ENVIROCARE OF UTAH, INC. ("DISPOSER")
RECITALS
1. Carolina Metals, Inc. is a wholly-owned subsidiary of Customer
2. Customer desires that Carolina Metals, Inc. be added as a
wholly-owned subsidiary and a party to the Disposal Agreement.
2. Customer and Disposer desire to amend the Disposal Agreement in the
particulars hereinafter provided.
NOW THEREFORE, it is agreed as follows:
1. The first sentence is amended to read as follows: THIS AGREEMENT
made and entered into as of this 10th day of June, 1996, by and between
NUCLEAR METALS, INC., having its general offices at 0000 Xxxx Xxxxxx,
Xxxxxxx, Xxxxxxxxxxxxx 00000, its wholly-owned subsidiary, CAROLINA METALS,
INC. having its general offices at X.X. Xxx 0000, Xxxxxxx 00, Xxxxxxxx, Xxxxx
Xxxxxxxx 00000 (hereinafter called "Customer"), and ENVIROCARE OF UTAH, INC.,
a Utah corporation, having its general offices at 00 Xxxx Xxxxxxxx, Xxxxx
000, Xxxx Xxxx Xxxx, Xxxx 00000 (hereinafter called "Disposer").
2. Paragraph 13 is amended to add: CUSTOMER: Carolina Metals, Inc.
X.X. Xxx 0000
Xxxxxxx 00
Xxxxxxxx, Xxxxx Xxxxxxxx
00000
3. All terms and provisions of the Disposal Agreement and previous
Addendums remain in full force, effect and unchanged except as hereinabove
specifically provided.
THIS AGREEMENT made this 7th day of June, 1996.
ENVIROCARE OF UTAH, INC. NUCLEAR METALS, INC.
By: /s/ Xxxxxxx X. Xxxx By: /s/ Xxxxx X. Xxxxxxx
------------------------- -----------------------------------
Xxxxxxx X. Xxxx Xxxxx X. Xxxxxxx
Title: Vice President Title: Vice President, Health & Safety
---------------------- --------------------------------
Date Signed: 6/18/96 Date Signed: June 10, 1996
---------------- --------------------------
SIXTH ADDENDUM
TO THE
DISPOSAL AGREEMENT DATED DECEMBER 29, 1989, BETWEEN
NUCLEAR METALS, INC., ("CUSTOMER")
AND ENVIROCARE OF UTAH, INC. ("DISPOSER")
RECITALS
Customer and Disposer desire to amend the Disposal Agreement in the
particulars hereinafter provided.
NOW THEREFORE, it is agreed as follows:
1. Paragraph 1 is amended extending the time during which the last
shipment of Waste Material may arrive at The Facility _______________________ .
2. The attached SCHEDULE "C-1" is added to the Disposal Agreement.
3. All terms and provisions of the Disposal Agreement and previous
Addendums with the exception of item 2 of the Fourth Addendum remain in full
force, effect and unchanged except as herein specifically provided.
THIS AGREEMENT made this nineteenth day of September 20, 1996.
ENVIROCARE OF UTAH, INC. NUCLEAR METALS, INC.
By: /s/ Xxxxxxx X. Xxxx By: /s/ Xxxxx X. Xxxxxxx
------------------------- -------------------------
Xxxxxxx X. Xxxx
Title: Vice President Title: VP Finance
---------------------- ----------------------
Date Signed: 9/20/96 Date Signed: 9/20/96
---------------- ----------------
SCHEDULE "C-1"
(Disposal Only)
PRICE SCHEDULE
NUCLEAR METALS, INC
The following conditions and charges apply to the Waste Material to be
delivered for disposal and which meets each of the requirements of this
Agreement:
Customer represents that it will deliver ____________ of Waste Material
to The Facility. Customer represents that the Waste Material is
_______________ . Customer represents that ___________________________ Waste
Material will be delivered to The Facility _______________________. Disposer
will invoice Customer at the rate of ____________ for disposal of the ________
Waste Material.
This Agreement is made by Envirocare in partial consideration of
assurances given by Customer that Waste Material will be ____________
_____________. Customer will insure that a ________________ of Waste Material
will be delivered to The Facility ____________________.
In the event Customer has not ______________ as stated above
______________, Disposer will invoice Customer at a rate of ______________
for all Waste Material delivered.
Disposer will make all reasonable efforts to insure that all of the Waste
Material is acceptable for disposal. The amount of any specific Waste
Material found __________________________________________. In the event that
the total ________ delivered is ________________, then after the last
shipment arrival date provided in paragraph 1 of the Agreement, Envirocare
shall invoice Customer __________________________. Said invoice shall be due
and payable by Customer as provided in paragraph 9 of the Agreement.
No more than ______________ of Waste Material shall be disposed at The
Facility for Customer under this schedule.
MEASUREMENT OF WASTE MATERIAL. For payment purposes, volume or weight
measurement of the Waste Material shall be made by Envirocare at any time prior
to treatment or disposal, and Envirocare's measurements shall be conclusive.
If the delivery schedule requires The Facility to operate
_______________, an additional charge of _______________________ shall be
added to each applicable disposal charge.
For any Waste Material which _________________, an additional charge of
____ shall be added to each applicable disposal charge for that particular
Waste Material.
