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Portable Sanitation Service Schedule

All Project Work Orders (‘PWO”) that include the provision of portable sanitation equipment and other related equipment (“Equipment) shall be subject to the terms set forth in this Portable Sanitation Service Schedule (“Schedule”) and the terms herein shall be deemed to be included in the Service Agreement (“Agreement”) as if fully rewritten therein. In the event of any conflict between the provisions of this Schedule and the Service Agreement, the provisions of this Schedule shall prevail as it relates to the specific product or service.

1. Portable Sanitation/Handwashing Equipment

Except as otherwise specifically stated herein, Equipment is provided on an “As-Is'' basis. Customer agrees to inspect Equipment upon delivery and prior to use and to notify Company in writing of any defects. Company will use commercially reasonable efforts to ensure timely delivery and pickup of Equipment; provided that, due to circumstances beyond Company or the Service Provider’s control, including, but not limited to, inclement weather, hazardous roads and/or driving conditions, traffic delays, motor vehicle accidents, and equipment failure, the Company cannot fully guarantee delivery times or dates.

Customer authorizes the Service Provider to drive on the premises, identified in the Project Work Order, in order to deliver and place the Equipment. Customer warrants to Company that it owns the premises or has express authorization to place the Equipment on the premises identified as the service address. Except in the case of recklessness or intentional misconduct, Customer assumes full risk of all Damages (as defined hereinbelow) resulting from the delivery, placement, use, or retrieval of the Equipment and releases Company and Service Provider from any responsibility for such Damages or from damage due to the designated area lacking adequate size, structural strength and/or clearance. Damages include but are not limited to physical damage to streets, roadways, driveways, walkways, awnings, overhangs, pavement, curbs, wells, irrigation systems, landscaping, lawn, septic systems and/or underground utilities and include damage to the property or premises from leaks or stains relating to the use of the Equipment.

Upon the delivery of the Equipment to the location as designated in the PWO, Customer shall not move, transport or attempt to move or transport (either directly or indirectly) the Equipment from the designated site without prior notice to and consent from Company, which may be withheld within the sole discretion of Company. In the event that a relocation of the Equipment is required in order to comply with applicable laws and regulations and/or to allow the Service Provider to perform the Services, then a relocation charge may be assessed by Company within its discretion. Customer shall be solely responsible for any fees, penalties, fines, assessments, charges, costs and expenses incurred in connection with the movement, placement, damage and/or use of the Equipment. Company may arrange for the pick-up of the Equipment at any time if required to do so by local, county and/or state law or as required by order of any local, county and/or state government or agency.

Customer acknowledges that in order to provide regular service to portable sanitation/handwashing Equipment, the Equipment must remain clear of debris and any building materials. The Service Provider’s vehicle must be able to come within 15 feet of the Equipment. If the Equipment is not accessible on service day, the Equipment will not be serviced again until the next scheduled service day. If a second cleaning is requested, an additional fee will be applied. Only human waste is permitted in the portable sanitation Equipment. No garbage, radioactive, volatile, flammable, explosive, toxic, special or hazardous materials and substances of any kind are permitted to be disposed of in the portable sanitation Equipment. Company reserves the right to remove the Equipment from a site that is not in compliance.

2. Permits

Customer acknowledges that certain locations and/or uses of the Equipment may require a permit, license, certification or other local, municipal, city, county and/or state approval relating to the possession, placement, storage and/or transportation of the Equipment (collectively referred to hereinafter as a “Permit”). Unless otherwise stated in the applicable work order, Customer (and not Company) is solely and exclusively responsible for obtaining and maintaining all necessary and required Permits relating to Customer’s possession and use of the Equipment. In the event that Customer fails to obtain and/or maintain all necessary and required Permits, Company may pick-up the Equipment without prior notice to Customer and without any liability to Customer.

3. Return of Equipment

It is the responsibility of the Customer to notify the Company when Customer wants the equipment picked up. Customer will be liable for any damage, lost, stolen, burned equipment until said time as Company picks up the Equipment. Standard timeframe for pick up is 48 to 72 hours after the pickup request has been processed. All requests submitted after 2:00 pm will be processed as of the next full business day.

4. Damage to Equipment

While at Customer's location and until returned to Service Provider's facility, Customer shall bear the risk of loss and damage to Equipment including but not limited to damage or loss caused by theft, vandalism, forces of nature, use, or misuse of the Equipment. Customer agrees that all Equipment furnished under this Agreement to Customer must be returned to Service Provider in the same condition as delivered, subject only to normal wear and tear. In the event of damage, Customer shall pay the lesser of (a) the cost of repair, or (b) the cost of replacement, which will be billed to the Customer in the event of loss. No loss or damage to Equipment, in whole or in part, shall impair Customer’s payment obligations under this Agreement. Customer shall be responsible for personal injury and/or property damage arising from or relating to Customer’s or its agent’s negligence or unauthorized movement or misuse of the Equipment.

Effective 2.22.2024