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AG 2015 06 15
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AG 2015 06 15
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Last modified
6/16/2015 9:58:26 AM
Creation date
11/27/2017 10:38:03 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
6/15/2015
Board
Board of Commissioners
Meeting Type
Regular
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C. Removal of Trash and Garbage SMG shall establish a central location to which <br />SMGFB shall deliver all trash and garbage produced by the Services. SMG shall, at its sole expense, <br />regularly remove all trash and garbage placed by SMGFB at such location. <br />D. Repairs and Maintenance SMG shall timely make and pay for all maintenance <br />of and repairs to all utilities systems within the Facility and all improvements, equipment, fixtures and <br />structural areas provided by SMG. <br />E. Cash Flow Shortfall To the extent that Gross Revenues during any Fiscal Year <br />are, at any time, insufficient or expected to be insufficient to pay Operating Expenses incurred or <br />accrued in such Fiscal Year (including, without limitation, the Base Fee and the Incentive Fee) ( "Cash <br />Flow Shortfall "), the County shall advance funds to SMG and SMG shall advance such funds to <br />SMGFB as follows: SMGFB shall submit to SMG and the County an invoice for the projected and /or <br />actual Cash Flow Shortfall, and the County shall advance funds to SMG and SMG shall advance such <br />funds to SMGFB within five (5) days after receipt of such invoice. Any failure by SMGFB to perform <br />its obligations under this Agreement shall not be a breach of or default under this Agreement if such <br />breach or default results from the County's failure to advance sufficient funds to SMG as provided for <br />herein. <br />11. INSURANCE AND INDEMNIFICATION. <br />A. Types of Coverage SMGFB shall obtain and maintain at least the following <br />minimum insurance coverages (collectively, the "Policies ") during the Term and any Renewal Term, <br />which Policies will be written with insurers licensed to do business in the State of North Carolina: <br />1. Comprehensive general liability (including premises operations liability <br />inclusive of broad form contractual liability, bodily injury, and property damage, personal injury, <br />products and completed operations, independent contractors, medical payments and liquor liability), <br />with policy limits of $3,000,000 per occurrence. <br />2. Workers' Compensation (including employer's liability) as required by <br />applicable state and federal law. <br />3. Business Automobile Liability, including owned, non -owned and hired <br />and leased vehicles: $1,000,000 each person; $1,000,000 each occurrence. <br />4. Property damage or loss insurance to cover personal property owned, <br />used, or controlled by SMGFB in connection with this Agreement. <br />B. Policies /Certificates of Insurance. <br />1. SMGFB shall be the named insured under all of the Policies, and SMG <br />and the County shall be an additional insured under the Policies, as their interests may appear, except <br />the worker's compensation Policy. The Policies shall contain a provision covering the parties' <br />indemnification liabilities to each other <br />2. SMGFB shall deliver to the SMG upon request a certificate(s) of <br />insurance confirming the existence or issuance of the Policies and shall thereafter, upon request, <br />deliver to SMGFB a certificate(s) of insurance evidencing renewal of such Policies. Each such Policy <br />or certificate shall contain a valid provision or endorsement stating, "This policy will not be canceled <br />on <br />Attachment number 1 <br />F -3 Page 78 <br />
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