|
203
<br />
<br />legal representative of the other party or to create any fiduciary or agency
<br />relationship.
<br /> 2.4 The nonexclusive franchise shall permit the acceptance at the
<br />Landfill of a maximum of 250,000 tons of construction and demolition debris
<br />per year.
<br />
<br />SECTION 3 INDEMNIFICATION
<br />LLC will indemnify and hold harmless the County and its officers,
<br />agents and employees from and against (as they are incurred and finally
<br />awarded) all liabilities, claims, damages, losses, costs and expenses
<br />(including without limitation, legal costs and expenses and attorney's fees)
<br />of any kind or nature, arising out of or in any way resulting from or
<br />attributable to the performance (or non-performance) of LLC, its agents,
<br />employees or officers, their work or actions, whether authorized by LLC or
<br />pursuant to this Agreement or not, provided that any such liability, claim,
<br />damage, loss, cost or expense (a) is attributable to interference with use
<br />and/or enjoyment of property, bodily injury, sickness, disease, or death, or
<br />(b) injury to or destruction of tangible property (other than the work
<br />specifically authorized by this Agreement) including the loss of use
<br />resulting therefrom, or (c) is caused in whole or in part by a negligent act
<br />or omission of LLC, any subcontractor or agent, anyone directly or indirectly
<br />employed by any of the above or anyone for whose acts any of them may be
<br />liable, regardless of whether or not it is caused in whole or in part by a
<br />party indemnified hereunder. In any and all claims against the County or any
<br />of its agents, officers or employees, by an employee of LLC, any
<br />subcontractor, anyone directly or indirectly employed by any of them or
<br />anyone for whose acts any of them may be liable, the indemnification
<br />obligation from LLC to the County shall not be limited in any way as to the
<br />amount or type of damages, compensation or benefits payable by or for LLC or
<br />any subcontractor under workmen's compensation acts, disability benefits acts
<br />or other employee benefit acts.
<br />
<br />SECTION 4 - TERM
<br /> The initial term of this Agreement shall be for five (5) years from
<br />September 1, 1999 through September 1, 2004 ("Initial Term"). Up to one
<br />hundred eighty (180) days prior to the end of the initial term, LLC shall
<br />notify the County in writing of the pending expiration of this Agreement.
<br />This Agreement may be renewed for two successive periods of five (5) years
<br />each upon the same or similar terms and conditions set forth herein; upon the
<br />written agreement of the County and LLC. Upon the failure of either party to
<br />agree to a renewal term within one hundred and twenty (120) days prior to the
<br />end of the then current term, this Agreement shall automatically terminate as
<br />of the expiration date for the then current term. It is understood by both
<br />parties that the options to renew the Agreement for two periods of five (5)
<br />years each does not constitute an obligation of the County or LLC for such
<br />renewal(s).
<br />
<br />SECTION 5 - STATEMENT OF ASSURANCE
<br /> LLC, for the term of this Agreement, assures the County that LLC will
<br />not on the grounds of race, color, national origin, religion, sex, age,
<br />handicap, marital status or any other prohibited category in effect for the
<br />duration of this Agreement, discriminate in any form or manner against its
<br />employees or applicants for employment (as provided in Title VI of the 1964
<br />Civil Rights Act, and applicable North Carolina laws) and LLC understands and
<br />agrees that this Agreement is conditioned upon the veracity of this Statement
<br />of Assurance. Furthermore, LLC herein assures the County that it will comply
<br />with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are
<br />involved. Other applicable Federal, State and local laws, Executive Orders,
<br />rules, ordinances and regulations prohibiting discrimination as hereinabove
<br />referenced are included by this reference thereto. This Statement of
<br />Assurance shall be interpreted to include Veterans and Disabled Veterans
<br />within its protective range of applicability.
<br />
<br />SECTION 6 - RESPONSIBILITIES OF LLC
<br /> 6.1 General In addition to the other responsibilities of LLC set
<br />forth in this Agreement, LLC shall do all the work and furnish at its own
<br />expense, all labor, materials, equipment, and other facilities, as may be
<br />necessary and proper for performing and completing the work under the terms
<br />and conditions of this Agreement.
<br /> Unless otherwise expressly provided, the means and methods of disposal
<br />shall be as LLC may choose, subject, however, to all rules, regulations,
<br />ordinances and laws and the prior written approval of the County. Only
<br />adequate and safe procedures, methods, and equipment shall be used as well as
<br />only adequately trained employees, subcontractors or other agents. The
<br />grounds and facilities, all vehicles, Containers, and other equipment shall
<br />be kept in good repair and working order, good and tidy appearance, and in a
<br />
<br />
<br />
|