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Clean Water Act (33 U.S.C. §1251 et seq.), the Federal Clean Air Act(42 U.S.C. §7401 et seq.),the
<br /> Massachusetts Oil and Hazardous Material Release Prevention and Response Act, Massachusetts General
<br /> Laws c.21E; and the Massachusetts Hazardous Waste Management Act, Massachusetts General Laws
<br /> c.21C.
<br /> The term "Applicable Law" as used herein this Agreement, shall mean each and every applicable Federal,
<br /> state, county, city or local law, statute, by-law, charter, ordinance, rule, regulation, order, Consent, as
<br /> defined below, permit, license or approval of any governmental, quasi-governmental, regulatory or
<br /> administrative agency or authority or court or other tribunal having jurisdiction.
<br /> The term "Consent" as used herein this Agreement, shall mean any consent, approval, authorization,
<br /> waiver, permit, grant,franchise, concession, agreement, license, exemption or order of, registration,
<br /> certificate, declaration or filing with, or report or notice to, any governmental, quasi-governmental,
<br /> regulatory or judicial body, entity, authority or tribunal.
<br /> 3. TERM OF AGREEMENT.The Initial Term of this Agreement shall be for ten 10 years, commencing on the
<br /> Effective Date of January 1, 2015.This Agreement shall automatically renew thereafter for two 2
<br /> additional terms of five 5 years each (Renewal Terms) unless either party gives to the other party written
<br /> notice of termination at least ninety(90) days prior to the termination of the then-existing term; provided
<br /> however, that the terms and conditions of this Agreement shall remain in full force and effect, in
<br /> accordance with its termswith respect to any uncompleted or unfinished Service. In no event shall the
<br /> total term of this Agreement, including all renewal terms, exceed twenty (20)years.
<br /> 4. INSPECTION; REJECTION OF WASTE.Title to and liability for"Unacceptable Solid Waste" shall remain with
<br /> Town at all times subject to the terms and provisions below. NBWS shall have the right to inspect, analyze
<br /> or test any waste delivered by Town prior to co-mingling with other Solid Waste generated from any other
<br /> source not the Town. If Town's Waste is "Unacceptable Solid Waste", NBWS can, at its option, reject the
<br /> "Unacceptable Solid Waste" and return it to Town or require Town to remove and dispose of the
<br /> "Unacceptable Solid Waste" at Town's expense.To the fullest extent permitted by law, the Town shall
<br /> indemnify, hold harmless (in accordance with Section 12) and pay or reimburse NBWS for any and all costs,
<br /> damages and/or fines incurred as a result of or relating to Towns tender or delivery of"Unacceptable Solid
<br /> Waste" or other failure to comply or conform to this Agreement, including costs of inspection, testing and
<br /> analysis. If subsequent analysis of Solid Waste demonstrates that such Solid Waste is Unacceptable Solid
<br /> Waste produced by the Town prior to commingling with Solid Waste generated by any other source not
<br /> the Town, regardless of whether NBWS has previously accepted the relevant Solid Waste as Acceptable
<br /> Solid Waste, NBWS shall notify Town and Town shall promptly remove such rejected Unacceptable Solid
<br /> Waste from the site.Notwithstanding the foregoing language contained herein this Section 4, once Town's
<br /> Solid Waste (whether Acceptable Solid Waste or Unacceptable Solid Waste) is commingled with other
<br /> Solid Waste brought to the Facility from any other source or such Solid Waste is transported to another
<br /> Facility and commingled with other Solid Waste brought to such alternate facility by NBWS, it shall be
<br /> deemed finally accepted by NBWS.Title to Acceptable Solid Waste shall pass to NBWS after inspection and
<br /> WASTE DISPOSAL AGREEMENT Page 2
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