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439
<br />
<br />10.
<br />
<br />4.8 Point of Contact - All dealings, contacts, etc., between BFI and the
<br /> County shall be directed to BFI: As designated and to the County: As
<br /> designated.
<br />4.9 Marketing - Ail Recyclable Materials collected must be marketed by
<br /> BFI for recycling unless market prices drop substantially or
<br /> contamination or residue results in unmarketability or loss in
<br /> value, in which event BFI shall notify the COUNTY that such
<br /> materials will be disposed of as solid waste.
<br />COMPLIANCE WITH LAWS
<br />BFI shall conduct operations under this Contract in compliance with all
<br />applicable laws.
<br />NONDISCRIMINATION
<br />BFI shall not discriminate against any person because of race, sex, age,
<br />disability, creed, color, religion or national origin.
<br />INDEMNITY
<br />BFI will indemnify and save harmless the COUNTY, its officers, agents,
<br />servants, and employees from and against any and all suits, actions, legal
<br />proceedings, claims, demands, damages, costs, expenses, and attorneysw
<br />fees, but only to the extent resulting solely from a willful or negligent
<br />act or omission of BFI, its officers, agents, servants and employees in
<br />the performance of this Contract, provided, however, that BFI shall not be
<br />liable for any suits, expenses and attorneys' fees arising out of the
<br />award of this contract.
<br />LICENSES AND TAXES
<br />BFI shall obtain all licenses and permits (other than the license and
<br />permit granted by the Contract) and promptly pay all taxes required by the
<br />County.
<br />TERM
<br />The term of this Contract shall be for a three (3)-year period beginning
<br />on November 15, 1993 and ending November 14, 1996. The term may be
<br />extended for two (2) additional three (3)-year terms upon such terms and
<br />conditions as the parties shall agree at least ninety (90) days prior to
<br />the end of the then current term, which agreement, in the case of the
<br />COUNTY, shall require approval of the County Board of Commissioners. In
<br />the event the parties do not agree to extend the term, at the expiration
<br />of the then current term this Contract shall terminate and be of no
<br />further force or effect, except for payment obligations which survive
<br />termination.
<br />INSURANCE
<br />BFI shall at all times during the Contract maintain in full force and
<br />effect Employer's Liability, Workmen's Compensation, Public Liability and
<br />Property Damage Insurance, including contractual liability coverage for
<br />the provisions of Section 8.00. Ail insurance shall be by insurers
<br />acceptable to the COUNTY and before commencement of Work hereunder BFI
<br />agrees to furnish the COUNTY certificates of insurance or other evidence
<br />satisfactory to the COUNTY to the effect that such insurance has been
<br />procured and is in force. The policies shall name the COUNTY as
<br />additional insured as respects the negligence or willful misconduct of
<br />BFI, and the certificates shall contain the following express obligations:
<br /> "This is to certify that the policies of insurance described
<br /> herein have been issued to the insured for whom this
<br /> certificate is executed and are in force at this time. In the
<br /> event of cancellation or material change in a policy affecting
<br /> the certificate holder, forty-five (45) days prior written
<br /> notice will be given the certificate holder."
<br /> For the purpose of this Contract, BFI shall carry the following types of
<br /> insurance in at least the limits specified below:
<br />
<br />Coverages
<br />WorkmenWs Compensation
<br />Employer's Liability
<br />Bodily Injury Liability
<br /> occurrence
<br /> Except Automobile
<br />Property Damage Liability
<br /> occurrence
<br /> Except Automobile
<br />Automobile Bodily Injury
<br /> Liability
<br /> occurrence
<br />
<br />Limits of Liability
<br />
<br />Statutory
<br /> $5OO,OOO
<br /> $1,000,000
<br />
<br />each
<br />
<br />$2,000,000 aggregate
<br />$1,000,000 each
<br />
<br />$2,000,000 aggregate
<br />$1,000,000 each person
<br />$2,000,000 each
<br />
<br />
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