2025-01-14-minutes-solid-waste-and-maintenance

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Regardless of such approval by the County, it shall be the responsibility of the Company to maintain adequate insurance coverage at all times, and its failure to do so shall not relieve it of any contractual obligations or responsibility. Failure on the part of the Company to maintain this insurance in full effect will be considered as failure in agreed upon performance and will be treated as such by the County. When the County deems it necessary, other means to assure financial liability will be considered if coverage is not reasonably available. 19. COMPANY TO INDEMNIFY COUNTY. The Company shall indemnify, defend and save harmless the County, its elected officials, officers, employees and agents from all claims, suits, or actions of every kind and character made upon or brought against the County, its elected officials, officers, employees and agents for, and on account of, any injuries or damage received or sustained by any party or parties by or from the acts of said Company or its employees, officials, agents and subcontractors in doing the work and rendering the service herein contracted for, and/or by or in consequence of any negligence in operation of services under this Agreement, and/or from all claims of damage for infringement on any patent in fulfilling this Agreement. The Company also agrees to hold the County, its officers, employees and agents, harmless from any and all claims of pollution or other environmental liabilities arising out of the disposal of MSW under this Agreement at landfill facilities owned or operated by the Company or its affiliates, or other claims related to the operation of said landfill facilities. The indemnity shall include attorney's fees and all other expenses incurred by the County in the defense of any suit or the investigation thereof. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 20. COUNTY TO INDEMNIFY COMPANY. The County agrees as additional consideration of this Agreement, to indemnify and hold harmless the Company from any and all claims of pollution arising in any way out of the operation of the Ryegrass Limited Purpose Landfill or any other County -operated facilities; provided however, that the County's obligation to indemnify the Company applies only to acceptable IDDW, whether hauled from the Transfer Station or hauled directly, and to leachate hauled from the transfer stations. 21. ACCESS BY COUNTY. The Company agrees to allow and provide access by the County to all of the premises covered by this Agreement, including but not limited, to the physical properties and records, subject to the County honoring any contractual confidentiality obligations of the Company. 22. ROAD MAINTENANCE. Roads and other traveled areas inside the transfer station sites shall be reasonably maintained by the Company, except in instances of damages relating to poor design. 23. ASSIGNMENT AND SUBCONTRACTING. Neither this Agreement, nor any of the payments to become due hereunder, shall be assigned in whole or in part by the Company, nor shall any part of the performance called for herein on the part of the Company be subcontracted by the Company, without the prior written consent of the County, and such consent shall not relieve the Company from full responsibility and liability for the performance 23