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JUL-23-2704 1752 LRFRRGE RGG SRLES 3036574053 P.72iE6 <br />CLEAN FILL AGREEMENT 7 <br />This Clean Fill Agreement ("Agreement") is made as of this ;~ f day of .~~(~' 20~~7 by and <br />between 'T/41Z«-'-lac ("Hauler"), whose address isY7°r w5="~!~~ and I~~-/',-_ a <br />subsidiary of Lafarge Corporation ("Company') located at r'f ~;.;,rG ~ v J ~j~ ~;~ ,,t <br />RECITALS <br />WHEREAS, Hauler represents that it is in the business of excavating, loading, hauling, depositing <br />or otherwise providing clean fill that complies with all applicable federal, state and local laws and <br />regulations and is duly qualified and authorized to perform the services provided for herein; and <br />WHEREAS, Company desires to enter into this Agreement to enable Company to utilize Hauler, <br />on an "as needed" basis, to provide clean rill to speciric Company facilities pursuant to this Agreement; <br />and <br />WHEREAS, Hauler desires to enter into this Agreement and is willing, on an "as available" basis, <br />to perform those services for Company, pursuant to this Agreement. <br />NOW, THEREFORE, in consideration of these promises and the mutual covenants herein <br />contained, Contractor and Company agree as follows: <br />ARTICLE I <br />DEFINITIONS <br />1 -1 °Clean fill" shall mean, any uncontaminated earthen material including, but not limited to, <br />soil, sand, clay, gravel, rubble, or concrete with exposed metal removod, which is inert and non-water <br />SOIUbia, and wv'h iph IS nvi S"bjcCt tv r ey^U.atlCn purSUant to any -edffi21, State pr ICC21 e„Vrenmentai IawS <br />or regulations. <br />ARTICLE II <br />~PECIF'r' SERV'CES TO 5E PRn~rinEp <br />2.1 Company will identify the facilities at which clean fill may ba deposited by Hauler and any <br />special instructions or conditions applicable to the delivery or clean fill. <br />2.2 Hauler agrees to deliver clean fill in a manner that complies with all applicable federal, <br />state and local laws and regulations related to the delivery and deposit of clean fill. <br />~ ARTICLE III <br />_ COMPENSATION AhlD BILLWG <br />3.1 The ~=flies-agree that Shall pay $_ pot fOLCIE2ri fNl. The <br />parties further agree that, in the event that the market for clean fill changes such thattfie contract price is <br />no longer acceptable to either party, the parties shall meet to discuss m>o '~fying the conVact price. ~ f <br />3.2 Invoices shall be submitted on a <br />from will be made to <br />., ~~ p`f <br />is to Payment of sums due <br />0) days after receipt of each invoice by <br />/'l -~ <br />If money is being exchanged use Article III Compensation and Billing above, -and-delete Article III <br />Consideration below. If no money is being exchanged, theta still must be some co~n~sideration <br />granted.orgiven for a contract to be valid. ~eiete Article Ill Compensation and Billing and~use the <br />a~tj;cte'III Conslderaflon below. <br />