BC 1993 11 15 - Laserfiche WebLink

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457 and by the County to: Operations Manager Browning-Ferris Industries of South Atlantic, Inc. P. O. Box 656 Paw Creek, North Carolina 28130 BFI shall offer the services described herein at the rate of Nine and 72/100 Dollars ($9.72) per Residential Unit per month. 4.2 (a) The rates described herein shall remain in effect until January 1, 1994, except that BFI shall have the right at any time to seek a rate increase for (i) significant increases in BFI's cost of fuel; (ii) increases in the per Unit cost of services provided herein in the case of additions of new Units; (iii) increases in disposal or other related charges at the Disposal Site; (iv) increased costs associated with the disposal of Refuse at a location other than the Disposal Site for reasons beyond the control of BFI; and (v) increases in BFI's costs due to unanticipated circumstances. (b) The fees which may be charged by BFI commencing January 1, 1994 and each January 1 thereafter during the term of this Agreement shall be adjusted upward or downward to reflect changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers (All Items) as published by the U.S. Department of Labor, Bureau of Labor Statistics. 4.3 BFI shall submit statements to all Residential units on a quarterly basis, in advance, for services provided by BFI pursuant to Paragraph 2 hereof. BFI shall not be required to collect refuse from any Producer who has failed to make payment within thirty (30) days after such payment is due. Term and Termination. 5.1 The term of this Agreement shall commence on the Effective Date and end November 14, 1996 (the "Initial Term"). This Agreement may be renewed for successive three (3) year terms (the "Renewal Terms") upon mutual agreement of the parties at the rates contained herein (as may be adjusted as provided herein) no less than sixty (60) days prior to the expiration of the Initial Term or the then current Renewal Term. 5.2 The County may terminate this Agreement for the following reasons: (a) The attempt to transfer this Agreement or any rights hereunder without prior approval of the Board, except that no such approval is required for a transfer to a company which controls, is controlled by or under common control with BFI. (b) A breach of this Agreement by BFI which is not cured within thirty (30) days after notice thereof is given by the County. (c) Failure to comply with any applicable health or environmental regulations. Indemnification; Insurance; Performance Bond. 6.1 BFI shall indemnify and save harmless the County, its officers, its employees, from and against any and all claims, demands, actions, suits and proceedings by others, and against all liability to others, resulting from the negligence or willful misconduct of BFI in the performance of this Agreement, including attorney's fees reasonably incurred, except that BFI shall not indemnify the County for any of the foregoing which arises out of or result from the negligence or willful misconduct of the County or its employees or agents. 6.2 Insurance BFI shall at all times during the Agreement maintain in full force and effect General Liability and Workmen~s Compensation Insurance. Ail insurance shall be by insurers acceptable to the COUNTY and before commencement of work hereunder BFI agrees to furnish the COUNTY certificates of insurance or other evidence satisfactory to the COUNTY to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of Compensation. 4.1