Wind River Environmental

46 Lizotte Dr
Marlborough, MA 01752

Wind River Environmental

General Terms and Conditions

Billed to: Taco Bell Job Sites: Taco Bell

5 Chardonnay Circle 155 Muncy Creek
Site Contact:
Mohnton, PA 19540
Brian Takagi Blvd., Muncy, PA
9175926819 17756

Date: April 3, 2023

General Terms and Conditions

The undersigned ("CUSTOMER") agrees to services from WRE described below and purchase from WRE its entire present and future requirements of
services at CUSTOMER’s locations set forth below &/or attached (each, a “Location” and, collectively, the “Locations”), subject to the following terms and
conditions (including those on the second page of this agreement.
Equipment and Product: All equipment described in the table below (including necessary piping, lines, fittings, etc. as determined by WRE) and other
equipment/svcs supplied by WRE to PURCHASER (collectively, “Svcs/Equipment”) shall be performed at WRE’s then applicable rates.
Service Frequency Unit Price* Quantity Environmental **Energy Estimated
Compliance Recovery Yearly Total
Outside Grease Trap Quarterly $0.18 1500g N/A 5% TBD

NOTES:
*All prices are valid for forty-eight hours. WRE reserves the right to change proposed prices after forty-eight hours due to unpredictable unforeseen circumstances.

**Energy Recovery is based on the Energy Information Administration’s National U.S. average of diesel price per gallon (www.eia.gov/petroleum/gasdiesel/). The specific policy can
be referenced at www.wrenvironmental.com/policies/.

CUSTOMER: SERVICE PROVIDER: WIND RIVER ENVIRONMENTAL

Print Name: Print Name: RICH RICCIO

Print Title: Print Title: Commercial Sales Representative

Authorized Signature: Authorized Signature:

A. SERVICES
WRE agrees to perform all svcs as stated in this agreement in accordance with applicable laws, environmental regulations, & gov’t & commercial standards. WRE agrees to obtain and maintain at our sole
expense for the term of this Agreement, Comprehensive General Liability Insurance: $1,000,000 for each occurrence, combined single limit for bodily and property damage. Customer warrants that all
equipment (grease traps, drain lines, manhole covers, etc.) upon which work is to be performed are owned by the Customer, or that authorization for the work has been obtained from the rightful property owner. The
Customer shall be responsible for compensating WRE for any and all damages collected against WRE by any third party demonstrating actual ownership of the equipment upon which work is to be performed, regarding
damage to which the customer represents as their own. Customer agrees to provide access to work areas for WRE’s employees and vehicles and agrees to keep access clear and available for movement and
parking of trucks and equipment during service time. WRE assumes no liability or responsibilities for any cracking, breaking, puncturing, depressing or any other damage to any driveway, patio, other paved, bricked, stoned,
concrete or asphalt surface which may result from trucks and equipment being used to access the job site.

B. AGREEMENT TERM
Customer agrees that WRE is the exclusive provider for this waste for an agreement of month to month beginning on the date on which Customer executes this Agreement. Customer understands that this Agreement is for a
month to month term and will automatically continue for an additional term of two (2) years unless terminated at the current rate plus an annual increase at an amount equal to the greater of (a) five percent (5%) or (b) the
percentage change in a U.S. Department of Labor price index selected by WRE. Customer must notify WRE of cancellation at least 90 days before the end of the then existing two-year term; otherwise, the Agreement
shall renew for another two-year term. WRE reserves the right to terminate this Agreement at any time with or without cause. WRE has the right to terminate this agreement, in whole or in part, for Customer’s failure to pay past
invoices in a timely manner or if conditions change which alter the nature and scope of work. This Agreement may not be assigned by Customer without the prior written consent of WRE. If the operations at any
Location are conducted at a new location, such new location, at the option of SELLER, shall be a Location subject to all of the terms and conditions of this Agreement. PURCHASER shall give notice to SELLER
at least one (1) month prior to the date of any such relocation.
This Agreement may not be assigned by PURCHASER without the prior written consent of SELLER. This agreement is automatically assignable to a New Owner

C. PAYMENT
Customer agrees to pay WRE the amounts listed above on this agreement for grease trap waste removal and/or line jetting services. Payment is to be received upon completion of each svc listed above on agreement
for grease trap waste removal and /or line jetting svcs. In event scope of work changes, WRE will be paid for all items on contract that have been completed. Any additional work performed/requested by Customer will be billed
on a time & material basis. Service charge of 1.5%/ mo will be added to account thirty days after invoice date. Customer is responsible for all costs associated with the collection including, but not limited to, attorneys’ fees and
court costs. Taxes, Other Fees and Charges, Permits and Compliance: Customer shall pay all applicable taxes, fees, assessments and penalties and will obtain permits and licenses in any manner connected
with the services being provided and will comply with all laws, regulations and ordinances applicable thereto. Customer shall pay WRE an Environmental Fee in connection with WRE’s compliance with federal,
state and local materials regulations applicable to WRE’s operations and activities; Customer acknowledges that Environmental Fee is retained by WRE and not paid to any governmental agency or authority..
Recurring Credit Card Payment Authorization, upon signature you authorize charges to your credit card for agreed services. You will be charged the amount invoiced each billing period. A receipt/invoice
copy will be available for each payment and the charge will appear on your credit card statement. You agree that no prior-notification will be provided. I understand that this authorization will remain in effect until
I cancel it in writing, and I agree to notify Wind River Environmental, LLC in writing of any changes in my account information or termination of this authorization at least 15 days prior to the next billing date. If the
above noted payment dates fall on a weekend or holiday, I understand that the payments may be executed on the next business day. I acknowledge that the origination of Credit Card transactions to my account
must comply with the provisions of U.S. law. You certify that you are the authorized user of this Credit Card and will not dispute these scheduled transactions; so long as the transactions correspond to the terms
indicated in this authorization form.

Authorized Signature:

D. INVOICES
With approved credit, WRE will send an itemized invoice in the amount as indicated above on this Agreement to Customer’s billing address promptly after services are completed. WRE may require full payment in advance at its
discretion. If WRE does not receive the full amount invoiced by the due date on the bill, WRE may assess a late charge not to exceed 1.5% per month of the overdue amount. If Customer fails to pay any bill within thirty (30) days
of the due date, WRE will have the following rights: 1). WRE may require full and immediate payment of all amounts due under this Agreement; 2). WRE may suspend or cancel service or 3) WRE may terminate this Agreement
in which case Customer remains responsible for all past due amounts plus interest and all other damages incurred by WRE as a result of Customer’s breach. All payments will be applied first to oldest balances outstanding.
E. EMERGENCY SERVICE/ADDITIONAL SCOPE OF WORK
Requests for immediate grease waste removal/associated svcs shall be construed as an emergency and may be subject to emergency charges in addition to previously stated fees. Unexpected services may
be required in the event of natural disasters or other unscheduled repairs to pipes or other infrastructure. Customer agrees to pay additional sums on a time and material basis for any additional work required to
complete the job or emergency service caused by canceled contingencies such as foreign matter, rock, stones, broken pipes, or any other condition not really apparent in estimating the work specified, or any delays resulting from
unanticipated interruptions outside the control of WRE. One-time Emergency fee/service may be up to $350.
Additional Locations: PURCHASER shall notify SELLER of any additional locations operated by PURCHASER and such location(s) (each, an “Add’l Location”) shall, subject to SELLER’s prior consent,
become Locations subject to all of the terms and conditions then in effect under this Agreement. On-call service shall be priced separately and billed at emergency rates.
F. FORCE MAJEURE
Service by WRE is subject to and contingent upon floods, hurricanes and other extreme weather conditions, strike or other labor disturbances, fire, accidents, war, delays of carriers, inability to obtain materials,
failures of normal sources of supply, restraints of government (whether or not it later proves to be invalid), or any other similar or dissimilar cause beyond WRE’s reasonable control (each, a “Force Majeure
Event”). WRE shall advise Customer of the reason for and anticipated length of any such Force Majeure Event. In the event a Force Majeure Event affects only a part of WRE’s capability to produce and/or
deliver Product and/or Equipment, WRE will allocate production and/or deliveries among the requirements of all its affected customers and WRE's own requirements in a fair and reasonable manner, as
determined by WRE. Customer will pay or reimburse WRE for any additional costs incurred by WRE relating to the delivery of any Product and/or Equipment to Customer during a Force Majeure Event. WRE
shall not be considered in breach of this Agreement to the extent that the performance of its obligations hereunder is prevented by a Force Majeure. WRE will not be liable to Customer for any failure of the
grease trap/svc resulting from events beyond WRE’s control, including fire, floods, accident, utility failure and acts of God.
G. MISCELLANEOUS
The individual signing this agreement on behalf of the Customer represents and warrants the he or she is authorized to sign as an owner, manager, officer, partner or employee of Customer and that he or she
is empowered to bind Customer to the terms and conditions contained herein.
H. LIMITATION OF LIABILITY
Customer acknowledges that there are hazards associated with the services involved in this Agreement and that it understands such hazards. It is Customer’s responsibility to warn and protect its employees
and others exposed to such hazards. Customer shall indemnify, defend and hold harmless WRE and its affiliates and their respective employees, agents, successors, officers, and assigns (each, an
“Indemnified Party”) from any suits, losses, claims, demands, liabilities, costs and expenses (including reasonable attorney and accounting fees) that an Indemnified Party may sustain or incur or which are
threatened arising from or in any way related to the services provided by WRE. WRE SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR
ANY LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY
KIND ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, EVEN IF WRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. No claim of any kind, whether or not based on negligence, warranty, strict liability or any other theory of law, will
be greater than the price of the service or services in respect to which such claim is made. The foregoing constitutes Customer's exclusive remedy and WRE's sole obligation with respect to any such
claim. THERE ARE NO EXPRESS WARRANTIES MADE BY WRE.
I. DEFAULT
In addition to any other rights or remedies WRE may have at law or in equity, WRE reserves the right to immediately disrupt service in the event of payment delinquency or upon default by Customer in any of
the terms or conditions herein (a “Customer Default”). In the event (a) of a Customer Default, (b) that any proceeding under bankruptcy laws shall be commenced by or against Customer, or (c) Customer shall
be adjudged insolvent or make any assignment for the benefit of creditors, WRE may, at its option, immediately cancel and terminate this Agreement with or without demand or notice to Customer and without
court proceedings (a “WRE Termination for Cause”). Upon a WRE Termination for Cause, Customer shall remain responsible for all costs incurred for which WRE has not been paid, attorneys’ fees and costs
and any other damages resulting from Customer’s default.
J. REPRESENTATION AND INDEMNITY
Customer represents and warrants to WRE that it is not obligated under the terms of any other contract for provision of the same or similar services. In the event that the foregoing representation and warranty
proves to be false, Customer hereby indemnifies and holds harmless WRE from and against all costs, including reasonable attorney’s fees, damages or liabilities that WRE may incur in connection with any
claim asserted by any third party as a result thereof.
K. JURISDICTION
This Agreement shall be governed by and construed under the laws of the state of North Carolina, South Carolina, Massachusetts, Pennsylvania or New York depending upon the location of the services which
are the subject of the dispute were performed. For example, if the events giving rise to the dispute were performed in Pennsylvania, Pennsylvania law shall apply. At WRE's sole option, any and all disputes
shall be resolved by arbitration in accordance with the Construction Industry Rules of the American Arbitration Association.