Tomlinson Environmental Services: General Terms and Conditions
THIS SERVICE AGREEMENT (the “Agreement”) is entered into as of the date of execution (the “Effective Date”), by and between Tomlinson Group of Companies (the “Company”) and the business entity or individual(s) (the “Customer”) specified as such in the Agreement. The Customer agrees to engage the Company to provide the Customer with the services outlined in the Agreement (the “Services”), which shall be deemed to include the related supply of products and equipment by the Company (the “Equipment”). These General Terms and Conditions (the “General Conditions”) are to be read in conjunction with the Supplemental Conditions applicable to the Services, which collectively form part of the Agreement between the Company and the Customer (individually the “Party” and collectively the “Parties” to this Agreement). The Parties hereby agree to the following:
- TERM OF AGREEMENT
1.1 The term of the Agreement (the “Term”) will begin on the Effective Date of the Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in the Agreement. The Term may be extended with the written consent of both Parties.
- NOTICES
2.1. A notice in writing (the “Notice”) by any Party will be addressed to the recipients at the addresses set forth in the Agreement.
2.2. The delivery of a Notice will be by hand, by courier, by prepaid first class mail, or by other form of electronic communication during the transmission of which no indication of failure of receipt is communicated to the sender.
2.3. A Notice delivered by one Party in accordance with this Agreement will be deemed to have been received by the other Party on the date of delivery if delivered by hand or courier, or if sent by mail it will be deemed to have been received five (5) days after the date on which it was mailed.
2.4. A Notice sent by any form of electronic communication will be deemed to have been received on the date of its transmission.
- PRICE
3.1 The quoted price (the “Quotation”) shall remain valid for a period of thirty (30) days from the date of issue, after which the Company shall reserve the right to amend or withdraw the Quotation. Upon acceptance and execution, the Quotation shall form the Agreement price (the “Price”), expressed in Canadian (CAD) funds.
3.2. The Customer shall pay the Company the charges and any increases provided for herein, which charges and increases shall be effective during the term of the Agreement. The Company may in its discretion increase the charges set forth herein at any time or from time to time by an amount equal to an increase as may be proposed by the Company and agreed to by the Customer, provided that if the Customer does not object to such a proposed increase within fifteen (15) days of Notice thereof, this Agreement shall be deemed to be amended to reflect the increase in charges. In the event that the Customer does object to such a proposed increase within the fifteen (15) day period, this Agreement shall continue without such proposed charge increase, but the Company may at any time thereafter terminate this Agreement by giving ten (10) days prior Notice to the Customer.
3.3. All applicable taxes are extra.
- PAYMENT TERMS
4.1. The Customer shall pay all applicable charges within thirty (30) days of the invoice date.
4.2. Interest on unpaid balances which are more than sixty (60) days overdue shall be charged at a rate of 1.5% per month for an effective rate of 19.56% per annum.
4.3. The Customer has the option to pay in advance to 100 CitiGate Drive, Ottawa, ON K2J 6K7.
- CHANGES
5.1. The Company, without invalidating the Agreement, may make changes to the Services provided under this Agreement, consisting of additions, deletions or other revisions as may be required in consultation with the Customer. When the Company and the Customer agree to the proposed changes, such agreement shall be effective immediately and shall be formally recorded and duly executed in a form acceptable to the Company (the “Change Order”). The Change Order shall present a description of the changes, a method of adjustment or an amount of adjustment for the Price, if any, and the adjustment in the Term, if any, for the proposed change in the Services.
- TITLE
6.1. Title to the Equipment and all additions, repairs, replacements or modifications thereto shall be held in the name of the Company, and the Customer shall have no right, title, or interest in the Equipment or any additions, repairs, replacements, or modifications thereto except as expressly set forth in the Agreement.
- ACCESSIBILITY
7.1. The Customer agrees to provide the Company free, clear, and safe access to the Equipment and the property on which the Equipment is stored at all times, without prior Notice given to the Customer.
7.2. The Customer shall immediately notify the Company of any changes that may impact the Company’s access to the Equipment, including but not limited to combination lock codes affixed to access gates.
- INDEMNIFICATION
8.1. The Customer shall indemnify and hold harmless the Company from and against all claims, losses, expenses, penalties, damages, and condemnations which the Company may suffer or may be required to pay arising out of:
8.1.1. The Customer’s negligent acts or omissions.
8.1.2. The Customer’s failure to fulfill the terms and conditions of the Agreement.
8.1.3. Personal injuries, including death, or property damage suffered by any person by reason of the operation, handling, transportation, or use of the Equipment by or whilst in the possession of the Customer or the Customer’s agents or employees.
8.1.4. Damages to the Equipment by the Customer during the Term of the Agreement, including but not limited to such damages resulting from improper handling, misuse, negligence, theft, vandalism, fire, and contaminated or hazardous materials.
8.2. If the Equipment is damaged beyond repair, misplaced, or stolen and deemed by the Company as a complete loss, the Customer will assume full responsibility to pay the Company the costs associated with full replacement of the Equipment.
8.3. The Customer agrees to pay the Company’s legal costs and other expenses incurred to enforce this Agreement.
- TERMINATION
9.1. f the Customer is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Customer’s insolvency, or if a receiver is appointed because of the Customer’s insolvency, the Company may, without prejudice to any other right or remedy the Company may have, terminate the Customer’s right to continue with the Services, by giving the Customer or receiver or trustee in bankruptcy Notice to that effect.
9.2. If the Customer neglects to properly utilize the Equipment for its intended purpose or otherwise is in breach of any of its obligations under the Agreement, the Company may give the Customer Notice that the Customer is in default of the Customer’s obligations under the Agreement and instruct the Customer to correct the default in the three (3) days immediately following the receipt of such Notice. If the Customer fails to correct the default in the time specified, without prejudice to any other right or remedy the Company may have, the Company may by giving Notice either correct such default and charge the Customer the cost thereof or forthwith terminate the Agreement.
9.3. If the Customer should no longer require the Services for the sole reasons of either substantial cessation of the Customer’s business, or relocation outside of any area in which the Company provides similar services, and provided that the Customer supplies evidence thereof acceptable to the Company and immediately pays all amounts then due to the Company, the Customer may terminate this Agreement by ninety (90) days prior Notice given to the Company. In the event that the Customer should otherwise cancel the Services or terminate this Agreement during the Term, the Customer shall, without prejudice to the Company’s other rights at law, pay to the Company as liquidated damages an amount, inclusive of applicable taxes, surcharges, and Equipment rental fees to the extent applicable, calculated as follows:
9.3.1. If the Company has issued one (1) or more invoices during the Term of the Agreement as of the date of termination, the Customer shall be liable to pay the Company liquidated damages calculated as the average of the total issued invoice amounts multiplied by eight (8).
9.3.2. If the Customer terminates the Agreement prior to the Company issuing the first invoice related to the Services, the Customer shall be liable to pay the Company liquidated damages calculated as the anticipated monthly rate as noted on the Quotation multiplied by eight (8).
9.4. The Company reserves the right to terminate the Agreement for convenience at the sole discretion of the Company upon fifteen (15) days prior Notice to the Customer.
9.5. If the Agreement is terminated under any condition set forth herein, the Company shall be entitled to be paid for all Services and Equipment provided by the Company up to the date of termination.
9.6. If the Company terminates the Agreement, the Company may forthwith retake possession of the Equipment without becoming liable for trespass and recover from the Customer all expenses incurred in retaking possession of the Equipment, and seek such other remedies as may be available to it at law and under the Agreement.
- GOVERNANCE AND SEVERABILITY
10.1. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any finding that a provision of this Agreement or part thereof is unenforceable shall apply only to such provision or part thereof and same shall be severed from this Agreement without affecting the enforceability of the balance of this Agreement.
10.2. If, subsequent to the execution of the Agreement, changes are made to applicable laws, ordinances, regulations, or codes of authorities having jurisdiction which affect the Price of the Services, the Company shall reserve the right to adjust the Price.
- MISCELLANEOUS PROVISIONS
11.1. This Agreement shall remain in full force and effect notwithstanding changes to the schedule of the Services, Equipment size or quantity, method of haulage, or an increase in the charges.
11.2. This Agreement shall be binding on the Parties and their respective heirs, administrators, executors, legal representatives, successors and permitted assigns, as applicable.
11.3. The Company will not be held liable for failure to comply with the provisions of the Agreement or failure to provide the Services where such failure is due to circumstances beyond the Company’s reasonable control, including but not limited to acts of government, pandemic, strikes, lockouts, other labour disputes, riots, civil commotion, war, severe weather, flood, earthquake, fires, explosion, and acts of God.
11.4. References to “days” in the Agreement denotes “calendar days”, which shall include weekdays, weekends, and statutory holidays.
Version: April 2024
THESE SUPPLEMENTAL TERMS AND CONDITIONS (the “Supplemental Conditions”) are to be read in conjunction with the General Conditions, which collectively form part of the Agreement between the Company and the Customer. These Supplemental Conditions void, supersede or amend the Agreement and the General Conditions, as the case may be. References to the “General Conditions” shall imply the inclusion of these Supplemental Conditions.
SC-1 PART 1 – TERM OF AGREEMENT
Add the following paragraph to Part 1 of the General Conditions:
1.2. The Term shall include all time consumed for the delivery of the Equipment to the Customer and the return of the Equipment back to the Company.
SC-2 PART 3 – PRICE
Add the following paragraphs to Part 3 of the General Conditions:
3.4. Rates shall not be subject to deductions for non-working time during the Term.
3.5. The Customer may request additional cleaning trips at additional charges. Additional cleanings required due to vandalism, severe weather, or other acts beyond the Company’s control will be at the Customer’s expense.
3.6. The Company shall load the Equipment for transit to the Customer, unload it upon arrival and perform the same on pickup, all of which shall be deemed to be included in the Price. The Customer shall not move the Equipment without the express written consent of the Company.
SC-3 PART 6 – TITLE
Add the following paragraph to Part 6 of the General Conditions:
6.2. Title to the Equipment shall at all times remain in the Company and nothing contained in this Agreement shall be deemed to have the effect of conferring upon the Customer any right or title whatsoever in or to the Equipment, other than that of a Lessee with an option to purchase if so stated. The Customer shall give the Company immediate Notice in the event that any of the Equipment is levied upon, or for any cause becomes liable to seizure.
SC-4 PART 7 – ACCESSIBILITY
Add the following paragraph to Part 7 of the General Conditions:
7.3. The Customer agrees to ensure the Equipment is accessible to cleaning at all times. In the event the Company is unable to access the Equipment for cleaning at the agreed upon time, the Company will not be liable to make a replacement trip unless the Customer agrees to an additional cleaning at the Customer’s expense.
SC-5 PART 8 – INDEMNIFICATION
Add the following paragraphs to Part 8 of the General Conditions:
8.4. The Customer shall indemnify the Company against all loss and damage to the Equipment and its attachments hereby obtained during the Term based on the value of such Equipment stated in the Details of Equipment. The Company shall give Notice to the Customer as soon as possible of any claim by the Company as provided herein.
8.5. The liability of the Company is limited to its express obligation to deliver the Equipment in good condition and working order. The Company shall not be liable for any direct or indirect loss or damage of the Customer arising from any subsequent failure of the Equipment or from its lack of suitability for the application the Customer utilizes the Equipment for.
SC-6 PART 11 – MISCELLANEOUS PROVISIONS
Add the following paragraphs to Part 11 of the General Conditions:
11.5. When the Equipment is no longer required, the Customer must inform the Company to arrange pickup and ensure accessibility of the Equipment for loading and transport.
11.6. The Customer declares that he or its employees understand the operation of the Equipment and have inspected the Equipment to be in good working condition. The Customer shall not remove, alter, disfigure or cover up any lettering, insignia or decals displayed on the Equipment. The Customer shall ensure that the Equipment is not subjected to careless or needlessly rough usage and shall at the Customer’s own expense maintain and ultimately return to the Company the Equipment and its appurtenances in good repair and operating condition. Without limiting the generality of the foregoing, the Customer shall, at the Customer’s own expense, ensure compliance with the following:
11.6.1. Trailer equipment is to be connected to a continuous power source at all times.
11.6.2. Trailer components including CD/radio, cranks, adapters and other attachments necessary for proper operation are not removed from the Equipment.
11.6.3. Equipment and the path of travel to the Equipment is free of snow, ice and other obstructions to facilitate cleaning and loading.
11.7. References in the Agreement to “Tomlinson Group of Companies” or “the Company” shall be deemed to be interchangeable with
“Tomlinson Environmental Services” or “Comfort Station”.
THESE SUPPLEMENTAL TERMS AND CONDITIONS (the “Supplemental Conditions”) are to be read in conjunction with the General Conditions, which collectively form part of the Agreement between the Company and the Customer. These Supplemental Conditions void, supersede or amend the Agreement and the General Conditions, as the case may be. References to the “General Conditions” shall imply the inclusion of these Supplemental Conditions.
SC-1 PART 3 – PRICE
Add the following paragraph to Part 3 of the General Conditions:
3.4. The Customer will be liable to pay the Company additional charges for waste requiring additional testing prior to disposal.
SC-2 PART 11 – MISCELLANEOUS PROVISIONS
Add the following paragraphs to Part 11 of the General Conditions:
11.5. The Customer shall not place any waste which requires special handling in the Equipment, including but not limited to such items as tires, brush, demolition waste, construction waste, white goods, and foam products. The Customer shall use the Equipment only for the disposal of its non-hazardous solid waste and shall not modify the Equipment or place inside the Equipment any waste which is liquid, radioactive, toxic, ignitable, corrosive, pathological, acidic or waste which is otherwise listed as a hazardous or toxic substance (as defined by local, provincial or federal laws or regulations). Failure by the Customer to comply with this provision will result in the following:
11.5.1. The Customer shall indemnify the Company for any and all damages, losses or claims which may be incurred by the Company.
11.5.2. Title to any waste unacceptable to the Company shall not pass to the Company but shall remain with the Customer.
11.6. The Customer grants to the Company the right to compete with any bona fide offer which the Customer receives or intends to make relating to the provision of non-hazardous solid waste disposal services during the one (1) year period immediately after termination of this Agreement. The Customer shall forthwith provide Notice to the Company if the Customer receives or intends to make any such bona fide offer, disclosing to the Company all of the terms and conditions thereof. The Customer shall not accept or make such offer for the period of fourteen (14) days after such notification, and if the Company within fourteen (14) days of such notification submits an offer of its own, the Customer shall consider the Company’s offer but is not bound to accept it. Nothing stated in this clause shall be interpreted as relieving the Customer of its obligation to comply strictly with the provisions of this Agreement until such time as this Agreement has been terminated in accordance with its terms and conditions.
11.7. References in the Agreement to “Tomlinson Group of Companies” or “the Company” shall be deemed to be interchangeable with “Tomlinson Environmental Services”.
THESE SUPPLEMENTAL TERMS AND CONDITIONS (the “Supplemental Conditions”) are to be read in conjunction with the General Conditions, which collectively form part of the Agreement between the Company and the Customer. These Supplemental Conditions void, supersede or amend the Agreement and the General Conditions, as the case may be. References to the “General Conditions” shall imply the inclusion of these Supplemental Conditions.
SC-1 PART 1 – TERM OF AGREEMENT
Add the following paragraph to Part 1 of the General Conditions:
1.2. The Agreement will remain in full force and effect for a period of five (5) years (the “Initial Term”), which will automatically renew for an unlimited number of additional one (1) year terms (the “Renewal Term(s)”), unless either Party expresses their intent to discontinue the Services upon the giving of a Notice at least ninety (90) days’ prior to the expiration of either the Initial Term or the Renewal Term.
SC-2 PART 3 – PRICE
Add the following paragraph to Part 3 of the General Conditions:
3.4. The Company reserves the right to impose applicable surcharges including but not limited to fuel surcharges, contamination fees, no access fees, overweight fees, and key replacement charges.
SC-3 PART 9 – TERMINATION
Add the following paragraph to Part 9 of the General Conditions:
9.7. In addition to the Company’s other options for remedy upon termination as outlined in the Agreement, the Customer shall pay the Company a removal fee of $75.00 per unit of the Equipment provided under the Agreement.
SC-4 PART 11 – MISCELLANEOUS PROVISIONS
Add the following paragraph to Part 11 of the General Conditions:
11.5. References in the Agreement to “Tomlinson Group of Companies” or “the Company” shall be deemed to be interchangeable with “Tomlinson Environmental Services” or “Datashred”.
THESE SUPPLEMENTAL TERMS AND CONDITIONS (the “Supplemental Conditions”) are to be read in conjunction with the General Conditions, which collectively form part of the Agreement between the Company and the Customer. These Supplemental Conditions void, supersede or amend the Agreement and the General Conditions, as the case may be. References to the “General Conditions” shall imply the inclusion of these Supplemental Conditions.
SC-1 PART 3 – PRICE
Add the following paragraphs to Part 3 of the General Conditions:
3.4. Rates are subject to vary in the event of changes to the required waste disposal volumes or the Company’s hours expended in performing the Services.
3.5. A minimum waste disposal charge of $300.00 will apply to each load. For greater certainty, load volumes resulting in less than a total charge of $300.00 will be charged a minimum of $300.00. Otherwise, charges for each load of waste disposal will be charged at the applicable rates multiplied by the load volume.
3.6. The Customer agrees that fluid waste content deposited into the Equipment may be subject to additional handling charges.
3.7. In the event the waste is reasonably determined to be non-conforming at the sole discretion of the Company (as defined in SC-2 section 6.2) the Customer will be held liable to the Company for any one or combination of the following:
3.7.1. Re-coding and disposal of waste by a different process at a higher rate.
3.7.2. Return of waste material to the Customer or redirected to an alternate disposal site in consultation with and at the expense of the Customer.
3.7.3. A quality control (QC) laboratory analysis fee, which is subject to vary depending on testing requirements.
SC-2 PART 6 – TITLE
Add the following paragraphs to Part 6 of the General Conditions:
6.2. All conditions of delivery and title are based upon the designated waste material conforming to the acceptance parameters listed on the Waste Profile Sheet, Safety Data Sheet (SDS), pre-sample, or other information provided by the Customer for that material. Title of the waste material is only transferred to the Company when the material is approved through the Company’s QC laboratory analysis procedure, completion of the appropriate shipping documents, and completely unloaded into a Company treatment process or bulk storage location, unless it has been found to be a non-conforming load. If a load of waste is deemed by the Company as non-conforming, then title, risk and ownership of the waste shall immediately revert to the Customer. A load will be considered non-conforming if it meets any of the following criteria:
6.2.1. The waste is not properly and completely identified, marked, labeled, contained, or accompanied by appropriate shipping documents.
6.2.2. The waste does not match information supplied by the Customer on the Waste Profile Sheet provided by the Company, SDS, the parameters of the Company’s QC laboratory analysis codes upon which this Agreement is based, or upon other information supplied by the Customer and as such, results in any of the following:
6.2.2.1. Materially increases the nature or extent of the risk and hazard undertaken by the Company.
6.2.2.2. Necessitates more specialized handling than that contemplated if the waste had been compliant with Company requirements outlined in the Agreement.
6.2.2.3. Requires services for which the Company’s transfer facility is not designed or permitted.
SC-3 PART 11 – MISCELLANEOUS PROVISIONS
Add the following paragraphs to Part 11 of the General Conditions:
11.5. Every container must be labeled, as a minimum, with the following information pursuant to the Transportation of Dangerous Goods Act (TDGA): generator name, shipping name, UN number, class, packing group, and Ministry of Environment (MOE) code. The Company may provide these labels at the request of the Customer when the order is placed.
11.6. References in the Agreement to “Tomlinson Group of Companies” or “the Company” shall be deemed to be interchangeable with “Tomlinson Environmental Services – Industrial Waste Division”.
THESE SUPPLEMENTAL TERMS AND CONDITIONS (the “Supplemental Conditions”) are to be read in conjunction with the General Conditions, which collectively form part of the Agreement between the Company and the Customer. These Supplemental Conditions void, supersede or amend the Agreement and the General Conditions, as the case may be. References to the “General Conditions” shall imply the inclusion of these Supplemental Conditions.
SC-1 PART 3 – PRICE
Add the following paragraph to Part 3 of the General Conditions:
3.4. Additional charges will be applied for tires, mattresses, box springs, tree stumps, and required bin scrapes or bin cleanings.
SC-2 PART 4 – PAYMENT TERMS
Add the following paragraph to Part 4 of the General Conditions:
4.4. Payment shall become due following the final weighing of the bin, at which time the credit card provided by the Customer will be billed. The Customer may be charged a service fee if the billing processed via the payment method provided is dishonored or funds deemed non-sufficient.
SC-3 PART 7 – ACCESSIBILITY
Add the following paragraph to Part 7 of the General Conditions:
7.3. Locations provided by the Customer for placement of the Equipment shall be accessible and free of obstructions (e.g., low wires, tree branches, vehicles, narrow lanes) and on a hard, flat surface. If the address of the proposed Equipment placement location is deemed unserviceable by the driver employed by the Company, the Equipment will be returned to the Company and the Customer will be liable for additional charges.
SC-4 PART 11 – MISCELLANEOUS PROVISIONS
Add the following paragraphs to Part 11 of the General Conditions:
11.5. The Equipment must not be filled higher than the top of the inner walls and the weight of the contents shall not exceed ten (10) metric tonnes per load. Non-compliance may result in the requirement for additional Equipment, or the Equipment filled above the maximum capacity may be left on the property, at the sole discretion of the Company and at the total expense of the Customer. Equipment filled above the specified capacity may be left on the Customer’s property until the proper weight is adhered to.
11.6. The Customer shall use the Equipment only for the disposal of its non-hazardous solid waste. Liquid, radioactive, toxic, ignitable, corrosive, pathological, acidic, or waste that is otherwise deemed hazardous according to local, provincial, or federal laws or regulations do not constitute acceptable materials to be placed inside the Equipment. Appliances containing Freon that have not been decommissioned and tagged by a professional are not acceptable.
11.7. Equipment delivery times and dates are subject to change depending on availability of the Equipment and drivers employed by the Company.
11.8. The Customer agrees to abide by the following conditions related to the specified permissible contents of the Equipment supplied by the Company:
11.8.1. For Equipment supplied for the sole purpose of the Customer’s depositing of soil therein, the Customer shall complete and submit to the Company an Excess Soil Importation Form. The Customer agrees to limit the materials placed in the Equipment to soil when the intended use of the Equipment is indicated as such in the Agreement.
11.8.2. The Customer shall only deposit concrete or asphalt into Equipment when the permissible contents are indicated as such in the Agreement. Any materials deemed by the Company as non-conforming will be considered contamination and will be processed as general waste at current rates and at the expense of the Customer.
11.9. References in the Agreement to “Tomlinson Group of Companies” or “the Company” shall be deemed to be interchangeable with “Tomlinson Environmental Services”.
THESE SUPPLEMENTAL TERMS AND CONDITIONS (the “Supplemental Conditions”) are to be read in conjunction with the General Conditions, which collectively form part of the Agreement between the Company and the Customer. These Supplemental Conditions void, supersede or amend the Agreement and the General Conditions, as the case may be. References to the “General Conditions” shall imply the inclusion of these Supplemental Conditions.
SC-1 PART 8 – INDEMNIFICATION
Add the following paragraph to Part 8 of the General Conditions:
8.4. The Customer acknowledges that the failure to properly describe the soil could result in the Company incurring additional expenses, including but not limited to regulatory penalties, fines, orders, administrative fees, professional fees, and legal fees, in order to properly dispose of the soil and to comply with applicable legislation. The Customer agrees to indemnify the Company for all costs that arise from the misrepresentation of the soil.
SC-2 PART 10 – GOVERNANCE AND SEVERABILITY
Add the following paragraph to Part 10 of the General Conditions:
10.3. The testing, characterization, handling, and disposal of soil must conform to applicable regulations as amended, including but not limited to Ontario Regulation (hereinafter “O. Reg.”) 347, O. Reg. 406/19, and Appendix 1 of the Ontario Ministry of Environment, Conservation and Parks (MECP) Rules for Soil Management and Excess Soil Quality Standards.
SC-3 PART 11 – MISCELLANEOUS PROVISIONS
Add the following paragraphs to Part 11 of the General Conditions:
11.5. The Customer shall only be permitted to deposit soil at the Company’s Springhill Landfill site (the “Site”). The Customer will be responsible for depositing the soil at the Site in a manner and location as directed by the Company.
11.6. Transportation of the soil to the Site is the responsibility of the Customer.
11.7. The Customer acknowledges that soil must be completely described and chemically characterized as a prerequisite to acceptance by the Company. If the soil is determined to not meet the characterization supplied by the Customer, it shall be removed at the Customer’s expense.
11.8. At the Company’s request, the Customer shall sign and/or deliver any further document(s) and provide further assurances as may be reasonably required from time to time pursuant to the foregoing.
11.9. References in the Agreement to “Tomlinson Group of Companies” or “the Company” shall be deemed to be interchangeable with “Tomlinson Environmental Services” or “Tomlinson Waste Management” or “R.W Tomlinson Limited”.