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HomeMy WebLinkAbout18067_Wurst Property_Attachments EMAIL_20160204~ N z z o o FL 0 0 N cli H N 0, 00 N } N � p Q Q < C W �+ Z o O o O Z 0 U z z z c� O p m CO w< O p M M 00 00 J I Q Q w C� L ! =z= pmpvulU Q i� El I: I w z 0 J �QO Z W O Q -- - > ~ Y -- �Q aLL cnO c��O O-1 of z 0 d X _ n LE P. I )d - VrF iNN IINNNN IIJI O V •�• \ \ O (n Cd o u O LL > O Q w Zi W c w OLL U en Z z Q ■ Z W Clmo i LL O� W 2 N [h JOB NO.2`� MID -ATLANTIC JOB NAME ASSOCIATES, P.A. PHASE Engineering & Environmental Solutions BY 6&51n 4- 411 1-800-486-7568 CHECKED BY I + V-sso,-),= •— SHEET OF TASK (, DATE v DATE JOB NO. `� SHEET OF MID-ATLANTIC JOB NAME ASSOCIATES, P.A. PHASE TASK Engineering & Environmental Solutions l2 BY r DATE L 1-800-486-7568 CHECKED BY DATE _-_11 .9 1l1 n 0 z n m -i m r D W N ° °off °off °off o °off °off °off �, o z0 ° '00) cn p 03 cn o < o ° m m o * m �O �O �O ° N N n V °oo °oo °oo m D ° m D G O p ° N A � X G Q N n m m 0 c °O 00 O ° b, uci Cln Cln Z m n n D A A G cn n n C (p DJ cn O r x D m Do m 0 z �u m D < m r m D n PRMo cn o O CLIENT SHEET TITLE c� D ➢ NO. REVISION DATE ➢ D ti O z PRODUCT RECOVERY MANAGEMENT O m This infonnanon Is proprietary and contidetiel. No copies or reproductions ■ PROJECT TITLE z allowed without the express written consenot of PRM. O Pi0■IICl ■ECOIIOIY AW liA6EWM! PROJECT N0. DWN. BY Q / A RVW. BY: WO—OOTBD CORNELL )SN. BY CHK. BY APP. BY VENT POINT H H H �2" SCH 40 PVC PIPE H H H H H H SCH 40 PVC PIPE H VENT SYSTEM LOCATION H H H HI I H° H� 1 ,BUILDING SUPPORT COLUMN H H H H CnO y CLIENT SHEET TITLE m c� n n NO. REVISION DATE n n m o MID -ATLANTIC VENT PIPING DETAIL z IF \ 0 TI PRODUCT RECOVERY MANAGEMENT INC. z This Informetlon Is proprietary entl confidentlel. No coplas ar z m PRIM. Minns allowetl without Me express written consent of O \ � PRIM. PROJECT TITLE D APEX TOOL SITE z PROJECT N0. PRM QUOTE q ®® WO-OOTBD PRM-TBD C7 DWN. BY CORNELL '0�4�M® PRODUCT RECOVERY MANAGEMENT PRM PROPOSAL # PRM-3090 1 /22/16 Mr. Dan Neilson Lufkin Road Site Mid -Atlantic Associates 409 Roger View Court Raleigh, NC 27610 Payment Terms: 25% deposit at time of order, 25% due at time of shipping equipment, balance Net 30 days Service Charges of 1.5% per month will be charged on all overdue invoices. If legal action is required to collect debts, client agrees to pay PRM reasonable attorney fees. This agreement shall be governed by and construed in accordance with the laws of the State of North Carolina and venue shall be proper and personal jurisdiction had in Durham County, North Carolina. Above payment terms are contingent upon receipt by PRM of original signed quote as well as the original signed security agreement. Type of System: Packaged Vapor Extraction System Full system controls, turnkey construction Dear Dan, Thank you for giving PRM the opportunity to provide this quotation. This quotation has been prepared according to the specifications and submitted drawings provided by your company. Please take time to review the quotation thoroughly. The quotation may include deviations from the original specifications. Deviations typically are a result of PRM incorporating a change to improve system operation. By accepting this proposal for review and in the event that your company contracts with PRM to provide equipment quoted in this proposal, you accept those deviations as quoted. In the event that deviations are not acceptable, please contact PRM for a revised quotation. If you have any questions regarding this proposal, please give us a call. Respectfully submitted, Mel Phillips President/PRM Product Recovery Management, Incorporated NORTH CAROLINA: 200 20th Street, Butner, NC 27509 (919) 957-8890 FLORIDA: 3420 Reynolds Road, Lakeland, FL 33803 Toll Free: (888)-PRM-WILL NEW YORK: 1748 Kennedy Road, Webster, NY 14580 (585) 217-9134 Safety First! A Prepare for the task NMI Recognize the hazards — — Mitigate hazards by working safely TOLL FREE (888)-TREAT-IT '0�4�M® PRODUCT RECOVERY MANAGEMENT PRM PROPOSAL # PRM-3090 1 /22/16 PRM proposes to provide, install and implement a fully packaged vapor mitigation system for your project in accordance with the design specifications. The equipment is itemized in the written proposal below. PRM anticipates that we are the only vendor who will offer an option for a UL Listed Vapor Mitigation System. We are that National Leader in our capabilities to provide liability reduction. PRM has provided this proposal based on technical approaches and experiences that PRM has learned over our 25+ year history. PRM has designed and installed vapor mitigation systems since our inception and this is a growth market especially for Brownfield properties. Reasons that we ask you consider PRM for the project. Please remember that bottom line face valve cost is not always the best approach: 1. PRM has very close proximity to the site and can address issues quickly 2. PRM's experience in the market is unsurpassed and our focus is minimization of liability to the owners. 3. PRM is proposing a higher -end system which may be more robust than other offerings however our baseline system will provide long-term benefits that will prove cost effective in the long and also shall more effectively mitigate liability. 4. PRM is the manufacturer and installer of the equipment. PRM maintains UNLIMITED NC Electrical License and also NC General Contracting Licenses. Both are a requirement of General Statutes of the State of North Carolina for this project. The system as quoted is a UL compliant vapor mitigation system, not just comprised of such parts. We have offered an option for a full certification. This is something that most all other vapor mitigation companies are lacking. All systems will not only carry the listing, but will also go through full di -electrical and QC inspections prior to shipping. 5. PRM is providing value options for consideration See next Page for Written Proposal Product Recovery Management, Incorporated TOLL FREE (888)-TREAT-IT NORTH CAROLINA: 200 20th Street, Butner, NC 27509 (919) 957-8890 FLORIDA: 3420 Reynolds Road, Lakeland, FL 33803 Toll Free: (888)-PRM-WILL NEW YORK: 1748 Kennedy Road, Webster, NY 14580 (585) 217-9134 M® PRODUCT RECOVERY MANAGEMENT PRM PROPOSAL # PRM-3090 1 /22/16 PACKAGED SYSTEM - REMEDIATION / MITIGATION OF SUB SLAB VAPORS • Enclosed Ventilation system mounted in an aluminum framed enclosure, skinned with white aluminum sheeting with insulated walls. Single door panel o Approximate size of enclosure will be 4' x 5' x 6' tall • PRM Model M-80 Moisture separator with High level switch • 25' of Class 1, Division 2 heat tracing around MS tank • 650-1050 CFM Class 1, Division 2 rated Ventilation Fan for Hazardous Locations., 3 ph, 7.5HP,TEFC. Blower is flange mounted to the top of the MS tank • 0-25"WC Magnehelic gauge for visual vacuum indication • 0-25"WC vacuum transmitter for telemetry monitoring and alarm notification • 4" PVC exhaust piping terminating in 4" Tee, at least 12' above grade • 4" PVC process piping with 4" Flanged inlet and 4" flanged discharge. • System is fully piped and wired, will terminate on exterior of enclosure for others to connect to CONTROLPANEL • UL Listed Control Panel, Nema 4 mounted control panel. • Variable frequency drive for process blower speed control and overload protection • Distribution block, branch circuit protection and overload protection • Power supply, 24VDC • HOAs and status light • Alarm buzzer for low vacuum • Siemens Logo PLC w/ Web600 Telemetry unit, preprogrammed for vacuum monitoring • Data trending and logging. Includes first 2 months of High Speed Telemetry service • User remote login via smartphone, pc or tablet with internet connection. • Email alarm notifications • Cyber Power battery backup • Panel mounted to exterior of the enclosure Product Recovery Management, Incorporated TOLL FREE (888)-TREAT-IT NORTH CAROLINA: 200 20th Street, Butner, NC 27509 (919) 957-8890 FLORIDA: 3420 Reynolds Road, Lakeland, FL 33803 Toll Free: (888)-PRM-WILL NEW YORK: 1748 Kennedy Road, Webster, NY 14580 (585) 217-9134 '0�4�M® PRODUCT RECOVERY MANAGEMENT PRM Vapor Mitigation System Installed Late 2015 Product Recovery Management, Incorporated NORTH CAROLINA: 200 20th Street, Butner, NC 27509 (919) 957-8890 FLORIDA: 3420 Reynolds Road, Lakeland, FL 33803 Toll Free: (888)-PRM-WILL NEW YORK: 1748 Kennedy Road, Webster, NY 14580 (585) 217-9134 PRM PROPOSAL # PRM-3090 1 /22/16 TOLL FREE (888)-TREAT-IT '0�4�M® PRODUCT RECOVERY MANAGEMENT On Site Installation Vapor Migration Piping PRM PROPOSAL # PRM-3090 1 /22/16 • The 13 points will be separated into 2 zones each zone will have a 4 inch sch 40 PVC header with 2 inch sch 40 PVC lines splitting off to hit the extraction points. • All piping to be securely strapped per manufactures recommendations • Where piping is required to pass thru walls all penetrations to be sealed • Each extraction point will be fitted with the following 0 20 slot screen pipe 0 2 inch galvanized pipe to 10 ft aff for physical protection 0 2 inch brass ball valve for isolation purposes 0 0-150wc vacuum gauge o Sample port Concrete Pad • PRM is recommending that the vapor migration system be located on the east side of the building in lieu of the roof, this will make and maintenance to the system easier and eliminate the need for roof penetrations and any load calculations that may be necessary. PRM suggests setting the system on a concrete pad which is figured in the quote 0 6'x7'x6" high 0 4000 psi concrete o Broom finish o Appropriately sized concrete anchors Electrical Connections PRM holds an unlimited electrical licence in the state of north carolina which allows us to perform all of this work in house with no sub -contractors. Includes in our price is the following electrical work. • Appropriate size conduit and wire to be run from one of the existing panels on the north wall of the 1983 plant addition • Non- fused disconnect installed within 5 ft of vapor migration system. • All work to conform to the National electrical code and under the direction of a master electrician Product Recovery Management, Incorporated TOLL FREE (888)-TREAT-IT NORTH CAROLINA: 200 20th Street, Butner, NC 27509 (919) 957-8890 FLORIDA: 3420 Reynolds Road, Lakeland, FL 33803 Toll Free: (888)-PRM-WILL NEW YORK: 1748 Kennedy Road, Webster, NY 14580 (585) 217-9134 '0�4�M® PRODUCT RECOVERY MANAGEMENT Miscellaneous PRM PROPOSAL # PRM-3090 1 /22/16 • Price does not include Asbestos, Lead or other contaminated materials disposal. PRM will provide 2 new DOT drums onsite and load with questionable materials. • PRM has included 2 days at startup to locate and seal any cracks in the concrete floor that are causing any "short circuiting". Anytime beyond the 2 days shall be billed on a time and material basis. Images of a current Vapor Mitigation system being installed by PRM in a similar plant in Alabama Product Recovery Management, Incorporated TOLL FREE (888)-TREAT-IT NORTH CAROLINA: 200 20th Street, Butner, NC 27509 (919) 957-8890 FLORIDA: 3420 Reynolds Road, Lakeland, FL 33803 Toll Free: (888)-PRM-WILL NEW YORK: 1748 Kennedy Road, Webster, NY 14580 (585) 217-9134 '0�4�M® PRODUCT RECOVERY MANAGEMENT PRM PROPOSAL # PRM-3090 1 /22/16 The above Vapor Mitigation system is a similar application and required the installation of a 40HP Extraction Blower to obtain the required performance levels. End of written proposal. Please see attached warranty disclaimer and security agreement. If your project payment schedule includes progress payments, then a security agreement may not be required. The written security agreement is intended to reserve PRM's right of ownership of the equipment in the event of a default of payment due to bankruptcy or some other unforeseen event. A security agreement is required in order for PRM to file for a UCC for the equipment. Product Recovery Management, Incorporated TOLL FREE (888)-TREAT-IT NORTH CAROLINA: 200 20th Street, Butner, NC 27509 (919) 957-8890 FLORIDA: 3420 Reynolds Road, Lakeland, FL 33803 Toll Free: (888)-PRM-WILL NEW YORK: 1748 Kennedy Road, Webster, NY 14580 (585) 217-9134 M® PRODUCT RECOVERY MANAGEMENT PRM PROPOSAL # PRM-3090 1 /22/16 SYSTEM PRICING DESCRIPTION REMEDIATION SYSTEM PRICE 24,500.00 SYSTEM DELIVERY INCLUDED SYSTEM INSTALL AND STARTUP $40,800.00 SUBTOTAL $65,300.00 NC SALES TAXES INCLUDED TOTAL $65,300.00 *Shipping is always estimated at the time of the quote. Due to volatile fuel costs during the past decade, PRM reserves the right to adjust shipping prices based on the national average fuel cost at the time of delivery vs. at the time of the quote. *Any purchase authorization must include PRM's signed/completed acceptance form (below) and a signed PRM Security Agreement as furnished by PRM. *Lead time is determined at time of order, system is expedited to meet client timeline request.. Power at the above referenced facility is: [ ] 120/240V single phase [ ]120/208V three phase WYE [ x ] 120/230V three phase CLOSED DELTA ONLY [ ] 1201240V three phase CLOSED DELTA ONLY [ ]277/480V three phase [ ] 480V three phase PRM will not warrant electrical equipment that is operated on an Open Delta electrical system. Please see Warranty disclaimer below. Reviewed and Accepted By: Date: Purchase Order #: This agreement can be faxed to this office at 919-957-7230 to initiate the order. The original signed copy must be mailed to our North Carolina Corporate office at: PRM Attention: Luke Kemp 200 20th Street Butner, NC 27509 Product Recovery Management, Incorporated TOLL FREE (888)-TREAT-IT NORTH CAROLINA: 200 20th Street, Butner, NC 27509 (919) 957-8890 FLORIDA: 3420 Reynolds Road, Lakeland, FL 33803 Toll Free: (888)-PRM-WILL NEW YORK: 1748 Kennedy Road, Webster, NY 14580 (585) 217-9134 M® PRODUCT RECOVERY MANAGEMENT PRM PROPOSAL # PRM-3090 1 /22/16 Options Please circle YES or NO for each option . Option rp ices DO NOT include sales tax. Options are not necessarily upgrades, they are listed as alternatives. It is up to the engineer working for you to make the ultimate decision that the option chosen is in your best interest. Options chosen may be an invalidation of strictly following a Request for Proposal or a Specification. You accept this option as an approved alternative to the specification. PRM provides the options typically to enhance the system. Option 1 -- YES NO Provide UL certification listing of the entire package. Include di -electric testing of the entire package and application of the UL listing. PRM recommends for ease of permitting. The certification process adds validity and compliance and mitigates liability for all parties involved. Add $700.00 Option 3-- YES NO Piping System Upgrade - Highly recommended Up -grade. PRM will upgrade the header systems from 4" sch 40 PVC piping to 6" piping. This will minimize the frictional losses through the system and allow the vapor mitigation system to provide an expanded amount of work and liability protection for a minimal amount of cost. This is a highly recommended upgrade. This upgrade would also allow for future expansion of the system if it became necessary without having to upsize or replace any existing piping. It is estimated that this system would save approximately 2-36HP per year in energy costs which equates to approximately $20,000 - $30,000 in energy savings over 20 years of operations. This upgrade also will allow the system to provide a much larger influence for vapor extraction. Add $4,800..00 Option 4-- YES NO Add 3 additional horizontal extraction points on the north exterior of the building. It is PRM's opinion that these additional extraction points may capture the contamination before it even enters the sub slab of the building Add $8,000.00 Option 5-- YES NO Add in a 0-50"WC vacuum gauge at each of the extraction points for monitoring purposes. Add $700.00 Option 6-- YES NO Datalogging/Telemetry Upgrade - Provide Vacuum monitoring sensors located at each of the 13 sensory points and transmit this data back to an expanded PLC wtih logging capabilities. This option would allow the client to extract log files for reporting purposes. It may also provide beneficial to balance the system. This system would allow the engineer of the client to log into the vapor mitigation system to monitor and control operations at any time. Add $8,500.00 Product Recovery Management, Incorporated TOLL FREE (888)-TREAT-IT NORTH CAROLINA: 200 20th Street, Butner, NC 27509 (919) 957-8890 FLORIDA: 3420 Reynolds Road, Lakeland, FL 33803 Toll Free: (888)-PRM-WILL NEW YORK: 1748 Kennedy Road, Webster, NY 14580 (585) 217-9134 '0�4�M® PRODUCT RECOVERY MANAGEMENT PRM PROPOSAL # PRM-3090 1 /22/16 Option 7-- YES NO Add in a 0-50"WC vacuum gauge at each of the extraction points for monitoring purposes. Add $700.00 Please recycle and do not print this document unless necessary. PRM is committed to limiting waste generated due to wasteful printing. If you do decide that it is necessary to print this document, please act accordingly and recycle all discarded paper. Product Recovery Management, Incorporated TOLL FREE (888)-TREAT-IT NORTH CAROLINA: 200 20th Street, Butner, NC 27509 (919) 957-8890 FLORIDA: 3420 Reynolds Road, Lakeland, FL 33803 Toll Free: (888)-PRM-WILL NEW YORK: 1748 Kennedy Road, Webster, NY 14580 (585) 217-9134 '0�4�M® PRODUCT RECOVERY MANAGEMENT WARRANTY DISCLAIMER PRM PROPOSAL # PRM-3090 1 /22/16 Product Recovery Management (PRM) will warrant all new equipment manufactured by PRM to be free of defects in materials and workmanship for a period of 1 year from the date of manufacture provided the following conditions are met: Equipment must be operated and maintained in accordance with the guidelines established in the Operation & Maintenance manual provided with the equipment. This includes the site specific manual as provided by PRM as well as the individual component manuals provided. 2. Warranty service shall not be applicable unless a complete logbook of routine maintenance is kept and provided to PRM upon request. 3. Warranty service shall not be applicable unless all outstanding invoices which are over terms are paid in full. 4. PRM will not warrant electrical equipment that is operated on an Open Delta electrical system. The only power to be used with PRM supplied equipment will be either a "Y" or a "Closed Delta". Proper engineering design would accommodate the correct electrical provisions in the engineering specification. PRM will not be liable for any changes to the electrical supply and distribution system that are required to bring the electrical system(s) to these standards. 5. For skidded equipment, PRM is not responsible for warranty of equipment that is not provided protection from the elements such as direct sunlight, rain, hail or other weather conditions exerted by nature. 6. PRM shall not be responsible for consequential damage that may occur due to direct or indirect damage caused by a failure of another piece of equipment. 7. Technicians should be duly trained and have a good understanding of electrical, and mechanical systems. Failure to have a properly trained technician work on PRM supplied equipment can result in invalidation of the warranty at the discretion of PRM. 8. All equipment quoted as pre -wired and pre -plumbed has been done so by trained personnel. PRM has been instrumental in conformity to State and Federal Codes. If local codes vary from Federal and State Codes, it is the clients responsibility to notify PRM of particular requirements in the bid request that may necessitate changes to the proposed system. 9. Delivery must occur within 2 weeks of completion of testing by PRM or storage fee's of $250.00 per week may be charged by PRM due to inconvenience of storage and location requirements. The fee may be larger for systems over $100,000.00. 10. Electrical work for this quotation is in accordance with the 2011 version of the National Electrical Code (NEC). 1 1 . This bid is for the equipment only and proposed startup. This quotation does not include pricing for installation, wiring or plumbing unless explicitly stated herein. 12. This quotation is not subject to subcontractor contract. PRM shall act as an equipment vendor. 13. For equipment being shipped into NC, FL, NY and TX, the appropriate sales and use tax has been included if shown on the quote and will be paid by PRM to the state taxing authority, For equipment going to all other states, it is the customers responsibility to pay any required sales and use taxes to their appropriate taxing authority. For bid comparisons, it is important that taxes be added to any bids from out of state to provide funds for payment of the taxes due. Product Recovery Management, Incorporated TOLL FREE (888)-TREAT-IT NORTH CAROLINA: 200 20th Street, Butner, NC 27509 (919) 957-8890 FLORIDA: 3420 Reynolds Road, Lakeland, FL 33803 Toll Free: (888)-PRM-WILL NEW YORK: 1748 Kennedy Road, Webster, NY 14580 (585) 217-9134 M® PRODUCT RECOVERY MANAGEMENT TECHNICAL SUPPORT PRM PROPOSAL # PRM-3090 1 /22/16 In the event of a problem or failure, immediately contact PRM's corporate office and request technical assistance. Please make sure that you have the PRM Project Number available. A technician will assist in determining if the equipment is operating properly and if not, then PRM will guide the onsite technician in proper settings and adjustment. PRM technical phone support is billable at a rate of $95.00 per hour at the discretion of PRM. Purchase of a system from PRM and initiation of phone support constitutes a legal agreement that PRM can invoice for phone support. RETURN AUTHORIZATION If a component failure has occurred, PRM will ship a replacement part to the site or client office for replacement of the failed part by the Client. PRM will not be responsible for labor to replace the failed part. PRM will issue an RMA upon determination that a replacement part is necessary. PRM will invoice for the part and credit will be issued for the part only once the defective part is returned to PRM and PRM makes a determination that the part is defective at no fault of the client and within the warranty period. STARTUPS PRM recommends that all systems be ordered and that the client pay PRM to provide a day or two of startup training. In order for PRM to warranty an oxidizer system, it is a requirement that the client receive training from PRM. Only technicians that are duly trained by PRM should operate an oxidizer due to the potential risk and liability of improper operation. In no event shall PRM be liable for any consequential accidents, property damage, personal injury or death occurrences that may happen due to improper operation of an oxidizer. DELIVERY ACCEPTANCE & CLIENT RESPONSIBILITIES Buildings and systems that arrive may arrive to the project site tarped or with provisions to protect roofing and such parts. It is the clients responsibility to remove these items upon arrival. All fasteners installed to retain the materials must also be removed . If the client has a contractor doing the site installation work, PRM recommends that they ensure that the contractor handle these items. Product Recovery Management, Incorporated TOLL FREE (888)-TREAT-IT NORTH CAROLINA: 200 20th Street, Butner, NC 27509 (919) 957-8890 FLORIDA: 3420 Reynolds Road, Lakeland, FL 33803 Toll Free: (888)-PRM-WILL NEW YORK: 1748 Kennedy Road, Webster, NY 14580 (585) 217-9134 '0�4�M® PRODUCT RECOVERY MANAGEMENT SECURITY AGREEMENT PRM PROPOSAL # PRM-3090 1 /22/16 a corporation (the "Debtor"), hereby grants to PRODUCT RECOVERY MANAGEMENT, INC. (the "Secured Party") a security interest in all of Debtor's right, title and interest, now or hereafter acquired until entire debt secured by this agreement is paid in full, in the following Collateral (the "Collateral"): a. Remediation Equipment. All remediation equipment, supplies, fittings, machinery, and other tangible personal property, in all of its forms and including fixtures, for PROJECT , located in , sold to Debtor by the Secured Party together with all parts, instruments, substitutions, replacements, additions, accessories, fittings, operating manuals, plans, specifications, and tools (the "Remediation Equipment"); and b. Proceeds and Products. All proceeds (including without limitation any rents, royalties, insurance proceeds, replacements, additions, and accessions thereto) and products of the Remediation Equipment. THIS SECURITY AGREEMENT (the "Agreement") SECURES: (i) the Debtor's payment to the Secured Party for the Remediation Equipment under the purchase order and/or other contracts or agreements providing for Debtor's purchase of the Collateral (the "Contracts"); and (ii) all costs reasonably incurred by Secured Party to enforce this Agreement, and to maintain and preserve the Collateral, including without limitation all taxes, assessments, insurance, reasonable attorneys' fees, legal expenses, and expenses of sale, together with interest thereon, at a rate not greater than 18% per annum, pursuant to the following TERMS: THE DEBTOR: bears the risk of loss; shall keep the Collateral insured forthe full amount secured by this agreement at all times and at Debtor's cost; shall repair and maintain the Collateral at Debtor's cost and shall not use the Collateral or any part of it in a manner resulting or likely to result in waste or unreasonable deterioration of the Collateral; shall pay all taxes and assessments on the Collateral as they become due and shall keep the Collateral otherwise unencumbered; shall keep the Collateral separate and identifiable from other property owned by Debtor or located on the same premises as Collateral; shall not, without prior written consent from Secured Party, sell, lease, or otherwise dispose of any portion of the Collateral; waives the automatic stay under 11 U.S.C. Section 362; and shall promptly execute and deliver all further instruments and documents and take all action reasonably requested by Secured Party from time to time in order to perfect and protect the security interest granted in this Agreement or to enable Secured Party to exercise its rights hereunder. THE SECURED PARTY may: file one or more financing statements, continuation statements, or amendments relative to the Collateral without the signature of the Debtor, where permitted by law; enter the premises where the Collateral is located and inspect the Collateral, either in person or by its agent, at any reasonable times and at reasonable intervals; and exercise any of the rights hereunder or pay any unpaid taxes or other obligations of the Debtor with regard to the Collateral without waiving or releasing the Debtor from any of its duties or obligations under the Contracts, provided that the Secured Party shall not be obligated to perform any of the Debtor's obligations under the Contracts or to take any action to collect or enforce any claim for payment hereunder, and that such failure to collect or enforce shall not be deemed a waiver of said rights, a waiver of Debtor's default, or a release of Debtor's obligations. Product Recovery Management, Incorporated TOLL FREE (888)-TREAT-IT NORTH CAROLINA: 200 20th Street, Butner, NC 27509 (919) 957-8890 FLORIDA: 3420 Reynolds Road, Lakeland, FL 33803 Toll Free: (888)-PRM-WILL NEW YORK: 1748 Kennedy Road, Webster, NY 14580 (585) 217-9134 M® PRODUCT RECOVERY MANAGEMENT PRM PROPOSAL # PRM-3090 1 /22/16 EVENTS OF DEFAULT. The following shall constitute events of default: Debtor's failure to pay when due any obligation secured by this Agreements under the terms of the Contracts; Debtor's breach of any affirmative covenant or other term hereunder; and/or Debtor's disposition of the Collateral in violation of this Agreement shall constitute an event of default hereunder. REMEDIES. If an event of default shall occur, Secured Party shall have all the rights and remedies afforded a secured party by law, including all the rights and remedies of a secured party on default underthe Uniform Commercial Code (the "Code") (whether or not the Code applies to the affected Collateral), and may also: (a) enter on Debtor's premises to take possession of the Collateral; (b) take immediate possession of the Collateral, wherever found, with or without legal process; (c) require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party that is reasonably convenient to both Debtor and Secured Party; and (d) apply the proceeds received from the sale or other disposition of the Collateral on default of Debtor to the payment of reasonable attorneys' fees and legal expenses incurred by Secured Party as a result of Debtor's default, in addition to those purposes provided for by law. GENERAL PROVISIONS. Time is of the essence. Neither this Agreement nor the Debtor's obligations to the Secured Party are assignable without the prior written consent of Secured Party, although the Secured Party may assign this Agreement on written notice to the Debtor. This Agreement shall not be amended except by written instrument signed by the party to be bound, and the provisions herein are severable. Venue and jurisdiction over any disputes and parties hereto shall be proper in North Carolina. The validity, interpretation, and performance of this Agreement shall be governed by and construed under the laws of the State of North Carolina. .P�r:1.3 1.1:1010 By Its Corporation Product Recovery Management, Incorporated TOLL FREE (888)-TREAT-IT NORTH CAROLINA: 200 20th Street, Butner, NC 27509 (919) 957-8890 FLORIDA: 3420 Reynolds Road, Lakeland, FL 33803 Toll Free: (888)-PRM-WILL NEW YORK: 1748 Kennedy Road, Webster, NY 14580 (585) 217-9134