Customer grants to Superior Waste Industries, LLC (“Company”) the exclusive right to collect and dispose of all Customer’s Waste Materials (as herein after defined and it includes, without limitation, recyclable materials), all in accordance with these terms and conditions.

Customer shall properly and timely pay Company for the collection and disposal services provided by Company (including, without limitation, all charges for applicable Company’s container maintenance). Customer shall make payment within terms specified in the Agreement executed by Customer and Company. All past due amounts shall bear interest at the maximum legal rate allowed under Texas law. In the event that any payment is not made by Customer when due, Company may, at Company’s sole option, terminate this Agreement on notice to the Customer and recover from Customer all past due amounts, Company’s container located on Customer’s premise, and any and all liquidated damages from Customer as set forth below.

Because disposal and fuel costs constitute a significant portion of the cost of services provided hereunder, Company may increase the service rates proportionately to adjust for any increases in such costs or any increase in transportation costs due to changes in locations in the disposal facility(s). Company may also increase the service rates from time to time to adjust for increases in the Consumer Price Index. Company may similarly proportionately pass through to Customer increases in the average weight per container yard of the Customer’s Waste Materials due to changes in local, state, or federal rules. If the total increase in service rates during a calendar quarter exceeds 10% of the services rates of the prior calendar quarter, then Customer may terminate this Agreement by giving Company at least 6o days prior written notice.

Changes in the schedule of charges, frequently of collection services, and number, capacity, and/or type of container may be agreed to orally, in writing, or by the actions and practices of the parties.

Customer represents and warrants that the materials placed in the container shall only be “waste material” as defined herein and shall contain no other substances. The term “waste material” as used in these Terms and Conditions shall mean solid waste generated by customer excluding, without limitation, radioactive, volatile, highly flammable, explosive, biomedical, infectious, toxic, or hazardous material. The term “hazardous material” shall include, but not be limited to, any amount of waste listed or characterized by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery act of 1976, as mended, or applicable state law. Title to and liability for any waste excluded above shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless Company from and against any and all damages, penalties, fines and liabilities resulting from or arising out of such waste excluded above.

The inclusion of any materials not meant for the container type as described herein may result in cost alteration. Any loads rejected by the landfill are subject to a contamination fee that may be reasonably charged by Company and shall be promptly paid by Customer to Company.

• Wood
• Lumber
• Tree
• Brush
• Wire
• Concrete
• Brick
• Plastic
• Metal
• Green Waste
• Old Furniture
• Cloth Linen Material
• Cardboard
• Asphalt
• Drywall

• Hazardous waste
• Asbestos
• Chemical products
• Oil filters
• Herbicides & pesticides
• Radioactive material
• Solvents
• Paint (except completely dried latex paint cans, no liquids), other flammable liquids, Aerosol cans, propane tanks, motor oil, transmission oil/lubricating/hydraulic oil/ oil filters
• Contaminated oils (mixed with solvents, gasoline, etc.)
• Antifreeze
• Appliances
• Petroleum contaminated soil/lead paint chips
• Tires (where permitted an additional fee of $25-$50 will be charged)
• Batteries
• Computers, Monitors, Televisions, Microwaves
• Fluorescent Tubes
• Railroad Ties
• Medical Waste
• Concrete / Wet or Dry
• Barrels
• All liquids
• Freon

Customer warrants that any right-of-way provided by Customer for Company’s container shall be located adjacent to the most convenient public right-of-way and is sufficient to bear the weight of all of Company’s container and vehicles. Company is not responsible for damage to any private pavement or accompanying sub-surface of any route reasonably necessary to perform the services herein contracted. Customer assumes sole liability for damage to pavement or road service whether or not caused by Company.

Container provided by Company shall remain the property of Company. However, Customer has care, custody and control of the container while at the Customer’s location and accepts sole responsibility for all loss or damage to the container (except to the extent of the normal wear and tear or for loss damage resulting from Company’s handling of the equipment) and for its contents. Customer shall not overload, by weight or volume, the container nor move or alter the equipment. Customer shall use the container only for its proper and intended use. Customer shall indemnify, defend and hold Company harmless against any and all claims, damages, suits, penalties, fines and liabilities for injury of death to persons or loss or damage to property arising from the Customer’s use, operation or possession of the equipment.

Customer shall provide unobstructed access to the container on the scheduled collection day. If the container is inaccessible so that the regular scheduled pickup cannot be made, Company will promptly notify the Customer and afford the Customer a reasonable opportunity to provide the required access. However, Company reserves the right to charge an addition fee for any additional collection service arising from Customer’s failure to provide such access.

The word “equipment” as used in these Terms and Conditions shall mean all roll-off boxes and/or container s used for the storage of the waste material.

If Customer defaults or attempts to cancel service Agreement with Company, Customer shall pay all past due sums, and in addition, shall pay as liquidated damages and not a penalty an amount equal to 30% of the product of the last monthly charge at the time of default or cancellation multiplied by the number of months then remaining in the current terms of the Agreement.

If any action at law or in equity is necessary to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.

Customer shall not assign this Agreement, in whole or in part, without the prior written consent of Company.

This Agreement shall be interpreted and governed by the laws of the State of Texas, without regards to its conflicts of law doctrine. Any disputes between the parties may be submitted to the state courts in Harris County, Texas, with applicable jurisdiction.

Customer grants to Company the right to compete with any offer which Customer receives (or intends to make) relating to the provisions of nonhazardous waste collection and disposal service upon the termination of this Agreement for any reason, and agrees to give Company at least 15 days prior written notice of any such offer and a reasonable opportunity to respond to it.