The Massachusetts Materials Exchange has been established through public and private grants. The support of participants is needed to ensure that this service continues.

Participants are asked to contribute a portion of the savings achieved by using the Materials Exchange. Participants determine the amount to contribute, typically 20% of their savings or more. You can call us to discuss this percentage as it pertains to your particular situation. Savings for your business may include: avoided disposal costs, revenues from the sale of materials, purchasing savings, savings in staff costs due to saved time, avoided storage costs, or avoided administrative costs. For more on how to compute your company's savings and make contributions to the Massachusetts Materials Exchange, click here.

YOUR BUSINESS NAME, ("MME User"), being a party interested in using the Massachusetts Materials Exchange ("MME") a service of Center for Ecological Technology, Inc. ("CET"), has carefully read the terms and conditions below. As a condition of and in consideration for the privilege to use the MME, MME User hereby agrees to said terms and conditions. Said agreement is applicable to and for each and every use of MME by MME User from the date hereof forward.

I. PROVISION AND LISTING OF MATERIALS

If MME User is providing material through or listing it on the MME, then MME User warrants, represents, and agrees to the following:

1. MME User wishes to list certain material as available with the Massachusetts Materials Exchange, a service of Center for Ecological Technology, Inc.

2. No material listed or to be listed by MME User is a Hazardous Waste within the meaning of federal law, Massachusetts law, or the law of another relevant state, or a Hazardous Material as defined by the U.S. Department of Transportation.

3. MME User understands and agrees that MME and CET will have no information as to the nature or classification of the material except that provided by MME User, and that MME and CET are relying on MME User for such information.

4. MME User will indemnify MME, CET, their subsidiaries, affiliates, employees, agents, successors, and assigns, and any party accepting or receiving the materials listed, and said party's subsidiaries, affiliates, employees, agents, successors, heirs, and assigns, for any liability which the parties to be indemnified may incur (including litigation costs and attorney's fees in any forum, including administrative) because of the materials listed being, or alleged as, hazardous wastes or hazardous materials, or because of the receipt, potential receipt, possession, or transportation thereof.

5. These warranties and representations are for the benefit of MME, CET, their subsidiaries, affiliates, employees, agents, successors, and assigns, and also for the benefit of any party accepting or receiving the materials listed, and said party's subsidiaries, affiliates, employees, agents, successors, heirs, and assigns.

II. RECEIPT OF MATERIAL

If MME User is seeking or receiving material through or with the aid of the facilities provided by MME, then MME User warrants, represents, and agrees to the following:

1. MME User understands that MME, CET, and their subsidiaries, affiliates, employees, agents, successors, and assigns, have no independent knowledge whatever as to the identity or nature of the material listed, and specifically as to whether the material listed is or is not a Hazardous Waste within the meaning of federal law, Massachusetts law, or the law of another relevant state, or a Hazardous Material as defined by the U.S. Department of Transportation.

2. MME User understands that MME and CET have only the information provided by the MME User which is providing the material as to the identity or nature of the material. CET and MME have no knowledge as to whether the information given by the MME User which is providing the material is accurate or inaccurate, and have performed no independent inquiry or investigation as to the nature of said material or as to whether it is or is not Hazardous Waste or Hazardous Material.

3. MME User releases MME, CET, their subsidiaries, affiliates, employees, agents, successors, and assigns, from any liability whatever relative to any listed material, including but not limited to the receipt, potential receipt, possession, or transportation of any listed material, and agrees to indemnify the released parties and hold them harmless as to any cost or expense which the parties to be indemnified may incur (including litigation costs and attorneys' fees in any forum, including administrative) relative to said liability or claimed liability.

4. MME User understands that it, and not MME or CET, is responsible for ascertaining the nature of the listed material, including whether it is or is not Hazardous Waste or Hazardous Material, and that it will make its own independent inquiry of MME User which is providing the material as to any information it needs in this regard.

5. These warranties and representations are for the benefit of MME, CET, their subsidiaries, affiliates, employees, agents, successors, and assigns.

III. SIGNATURE

The party signing this agreement on behalf of MME User represents that he or she has full authority to sign on behalf of MME User and to bind it to the statements, representations, undertakings, and warranties herein.
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