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Allied/BFI will indemnify and hold harmless the County and its agents and employees from and against all liabilities, claims, damages, losses, and expense including attorney's fees arising out of or resulting from the performance of the work, providing that any such liability, claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefore and (b) is caused in whole or in part by a negligent act or omission of AlliedBF[, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regazdless of whether or not it is caused in whole or in part by a party indemnified hereunder. [n any and all claims against the County or any of its agents or employees, by an employee of Allied/BFI, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for A(lied/BFI or any subcontractor under workmen's compensation acts, disability benefits acts or other employee benefit acts. SECTION 4 -TERM The term of [his Agreement shall be for five (5) years from January 1, 2008 through December 31, 2012. Up to one hundred eighty (180) days prior to the end of the term, AlliedBFI shall notify the County of the pending expiration of this Agreement. This Agreement may be renewed for one successive period of five (5) years upon the same terms and conditions then in force upon the written Agreement of the County and Allied/BF[ with the addition of a Fuel Recovery Fee to be outlined under Section 8. Payment. Upon the failure of either party to agree to a renewal within one hundred and twenty (120) days prior to the end of the term, this Agreement shall terminate. [t is understood by both parties that this provision to renew the Agreement for five (5) years does not constitute an obligation to the County or Allied/BFI for such renewal. [t is understood that unless and until such renewal agreement is in place that landfill space at AlliedBFi's Chazlotte Motor Speedway Landfill (the CMS Landfill) is not guaranteed beyond the initial five (5) years. SECTION 5 -STATEMENT OF ASSURANCE AlliedBFl, for the term of this Agreement, assures the County that said AlliedBFl will not on the grounds of race, color, national origin, religion, sex, age, handicap or mazital status, discriminate in any form or manner against said AlliedBFI's employees or applicants for employment (as provided in Title VI of the 1964 Civil Rights Act, and applicable North Carolina laws) and understands and agrees that this Agreement is conditioned upon the veracity of this Statement of Assurance. Furthermore, Allied/BFI herein assures the County that said Allied/BFI will comply with Title V[ of the Civil Rights Act of 1964 when federal grants(s) is/aze involved. Other applicable Federal and State laws, Executive Orders, and regulations prohibiting discrimination as hereinabove referenced are included by this reference thereto. This Statement of Assurance shall be interpreted to include Veterans and Disabled Veterans within its protective range of applicability. Deleted: snliawastecnuecfinnenamisp osaffranclaseAgreemenb7une 27 2007 ~ additions.doc SECTION 6 -RESPONSIBILITIES OF ALLIEDBF[ Deleted: snliawaatecnuecfinnmiaoisp osalFmncltiseAgreemrnt-June 13 2007 additions ~ o~c_~~n-i.ngc~ 5 -- r r~ ~ ~ G-(~