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AG 2007 07 23
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AG 2007 07 23
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Last modified
2/1/2009 12:18:10 PM
Creation date
11/27/2017 11:31:21 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/23/2007
Board
Board of Commissioners
Meeting Type
Regular
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Allied/BFI will indemnify and hold harmless the County and its agents and employees from and <br />against all liabilities, claims, damages, losses, and expense including attorney's fees arising out <br />of or resulting from the performance of the work, providing that any such liability, claim, <br />damage, loss or expense (a) is attributable to bodily injury, sickness, disease, or death, or to <br />injury to or destruction of tangible property (other than the work itself) including the loss of use <br />resulting therefore and (b) is caused in whole or in part by a negligent act or omission of <br />AlliedBF[, any subcontractor, anyone directly or indirectly employed by any of them or anyone <br />for whose acts any of them may be liable, regazdless of whether or not it is caused in whole or in <br />part by a party indemnified hereunder. [n any and all claims against the County or any of its <br />agents or employees, by an employee of Allied/BFI, any subcontractor, anyone directly or <br />indirectly employed by any of them or anyone for whose acts any of them may be liable, the <br />indemnification obligation shall not be limited in any way as to the amount or type of damages, <br />compensation or benefits payable by or for A(lied/BFI or any subcontractor under workmen's <br />compensation acts, disability benefits acts or other employee benefit acts. <br />SECTION 4 -TERM <br />The term of [his Agreement shall be for five (5) years from January 1, 2008 through December <br />31, 2012. Up to one hundred eighty (180) days prior to the end of the term, AlliedBFI shall <br />notify the County of the pending expiration of this Agreement. This Agreement may be renewed <br />for one successive period of five (5) years upon the same terms and conditions then in force upon <br />the written Agreement of the County and Allied/BF[ with the addition of a Fuel Recovery Fee to <br />be outlined under Section 8. Payment. Upon the failure of either party to agree to a renewal <br />within one hundred and twenty (120) days prior to the end of the term, this Agreement shall <br />terminate. [t is understood by both parties that this provision to renew the Agreement for five (5) <br />years does not constitute an obligation to the County or Allied/BFI for such renewal. <br />[t is understood that unless and until such renewal agreement is in place that landfill space at <br />AlliedBFi's Chazlotte Motor Speedway Landfill (the CMS Landfill) is not guaranteed beyond <br />the initial five (5) years. <br />SECTION 5 -STATEMENT OF ASSURANCE <br />AlliedBFl, for the term of this Agreement, assures the County that said AlliedBFl will not on <br />the grounds of race, color, national origin, religion, sex, age, handicap or mazital status, <br />discriminate in any form or manner against said AlliedBFI's employees or applicants for <br />employment (as provided in Title VI of the 1964 Civil Rights Act, and applicable North Carolina <br />laws) and understands and agrees that this Agreement is conditioned upon the veracity of this <br />Statement of Assurance. Furthermore, Allied/BFI herein assures the County that said Allied/BFI <br />will comply with Title V[ of the Civil Rights Act of 1964 when federal grants(s) is/aze involved. <br />Other applicable Federal and State laws, Executive Orders, and regulations prohibiting <br />discrimination as hereinabove referenced are included by this reference thereto. This Statement <br />of Assurance shall be interpreted to include Veterans and Disabled Veterans within its protective <br />range of applicability. Deleted: snliawastecnuecfinnenamisp <br /> osaffranclaseAgreemenb7une 27 2007 <br /> ~ additions.doc <br />SECTION 6 -RESPONSIBILITIES OF ALLIEDBF[ <br /> Deleted: snliawaatecnuecfinnmiaoisp <br /> osalFmncltiseAgreemrnt-June 13 2007 <br /> additions <br /> ~ <br /> <br /> <br />o~c_~~n-i.ngc~ 5 <br />-- r <br />r~ <br />~ <br />~ <br />G-(~ <br />
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