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

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agreed hereunder, and due performance of all the terms and conditions stated herein. The County's' consent to any subcontracting of work shall not be granted in any event until the Company has furnished the County with satisfactory evidence that the proposed subcontractor is licensed and bonded as required by law, and is carrying ample insurance to the same extent and in the same manner as is provided in this Agreement to be furnished by the Company. The County's consent shall not be unreasonably withheld. It this Agreement is assigned or any part of the Agreement is sublet, the Company shall indemnify the County against any and all loss or expense caused thereby. 24. PERFORMANCE GUARANTEE. Before this Agreement shall be binding or enforceable, the Company shall furnish the County a surety bond approved by the County, conditioned on the Company's faithful performance of all terms, covenants and conditions of this Agreement, and the Company's payment of all laborers, mechanics, subcontractors, material suppliers, and all persons who supply the Company with provisions and supplies for the carrying on of the work under this Agreement and upon the return to the County of all County property in good condition, not including County equipment that has reached its designed life, reasonable wear and tear excepted. The surety bond shall be in the amount of $100,000. The surety bond shall remain in full force and effect during the term of this Agreement and shall be released until all conditions of this Agreement have been satisfied. 25. DEFAULTS AND REMEDIES. The Parties agree that the operations hereunder are of prime concern to the public health and that the full and prompt performance of all of the terms and conditions of this Agreement and time are of the essence of this Agreement. FORCE MAJEURE. A Force Majeure Event is an external event that is beyond thecontrol of the party or its agents and that renders the party severely compromised in its ability to perform all its obligations under the Agreement. Such events may include a natural or man-made disaster or an action or decree of a superior governmental body, which completely prevents the party from performing all its obligations under the Agreement. Should either party suffer from a Force Majeure Event, such party shall provide the other party with notice as soon as practical and shall act with speed and diligence to mitigate any potential damage that may result from the event and resume performance of all its obligations under the Agreement as soon as possible. When notice has been properly provided, the obligations of both parties shall be suspended for the period of time the Force Majeure Event prevents the party from resuming performance of all its obligations under the Agreement The Company shall be excused from performance herein only if the facilities or other Company operations be rendered unusable by Force Majeure or other cause which the Company could not reasonable foresee, and upon occurrence of such event the Company and the County, having in mind the public health, shall;cooperate to restore services as soon as practical. Payment to be made by the County to the Company may be suspended upon occurrence of such an event during such time that performance hereunder is impossible or, by the written agreement of the parties here to, impracticable. 24