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iv) When receiving CESQG Wastes, Provider shall require the participant (generator) <br />to complete and sign a Conditionally Exempt Small Quantity Generator <br />Certification indicating that they meet the criteria of a conditionally exempt small <br />quantity generator as defined under 40 CFR 261.5, and also certifying that the <br />business /entity is physically located in Orange County. <br />v) When billing County for the charges associated with managing HHW and CESQG <br />Waste, Provider will account for any and all accepted CESQG wastes and shall <br />provide County with a copy of the Conditionally Exempt Small Quantity Generator <br />Certifications, an accurate count of the number of CESQG Participants each month, <br />and as accurate estimate of the amount (in pounds) of CESQG Wastes managed <br />each month. <br />vi) CESQG will not be accepted at the Walnut Grove Convenience Center. <br />By executing this Agreement, the Provider represents and agrees that Provider is <br />qualified to perform and fully capable of performing and providing the services required <br />or necessary under this Agreement in a fully competent, professional and timely manner. <br />d. Time is of the essence with respect to this Agreement. <br />e. The services to be performed under this Agreement consist of Basic Services, as <br />described and designated in Section 3 hereof. Compensation to the Provider for Basic <br />Services under this Agreement shall be as set forth herein. <br />3. Responsibilities of the Provider <br />a. Services to be provided. The Provider shall provide the County with all services <br />required in Section 3 to satisfactorily complete the Project within the time limitations set <br />forth herein and in accordance with the highest professional standards. <br />b. Standard of Care. <br />i) The Provider shall exercise reasonable care and diligence in performing services <br />under this Agreement in accordance with the highest generally accepted standards <br />of this type of Provider practice throughout the United States and in accordance <br />with applicable federal, state and local laws and regulations applicable to the <br />performance of these services. Provider is solely responsible for the professional <br />quality, accuracy and timely completion and/or submission of all work related to <br />the Basic Services. <br />ii) Provider shall be responsible for all errors or omissions, in the performance of the <br />Agreement. Provider shall correct any and all errors, omissions, discrepancies, <br />ambiguities, mistakes or conflicts at no additional cost to the County. <br />iii) The Provider shall not, except as otherwise provided for in this Agreement, <br />subcontract the performance of any work under this Agreement without prior <br />Revised July 2010 <br />