R2026-123 Vantage Wind - Laserfiche WebLink

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Sectjon 11. Administrative Fees. The COUNTY shall be entitled to greasonableoverheadcosts,associatedwith the administration of this Franchise or costs incurred by the COUNTY for actions undertaken in accordance with Sections 3 & B B herein. These costs shall include Wages, benefits, equipment, and supplies for activities such as plan review, permit processing, and permit inspections. Such costs shall be billed to Vantage Wind Energy LLb on a quarterly basis and Vantage Wind Energy LLC shall ply such undiJputed costs within thirty (30) days of receipt of such bills. Each hili shall inclurcle verifiable cletail as to the natutre of the costs incLtrred. Failure by Vantage Wind Energy LLC to make full payment of undisputed portions of Uills viitf in the timelpecified shall be considered sufficient grounds ior the termination of all rights and privileges existing under this Franchise utilizing the procedures specified in Section 8 A of this Franchise. Section 12. lndemnification.ln the construction, installation, repair, operation, and maint,enance ffilructGes and Facilities in the Franchise Route, Vantage Wind Energy LLC shall use reasonable and appropriate precautions to av,oid damage to persons or property. Vantage Wind Energy LLC shall indemnify, defenl and hold harmless'the-COUNTV from all claims, actions or damages of every kind or description, including reasonable attorney's and expert witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the extent caused in part or in whole by any negligent act or omission or willful misconduct of Vantage Wind Energy LLC, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges graniedio Vantage Wind Energy LLC by thisfranchise. ln the event any ctlim 6r demand is preiented to or filed with the COUNTY which gives rise to Vantage Wind Energy LLC's obligation pursuant to this section, the COUNTY shall within a reasonadt-" tim" notifyVantage Wind Energy LLC thereof and Vantage Wind Energy LLC shall have a right, at its election, to settle or compiomise such claim or demand. In the event any claim or action is commenced in which the COUNTY is named a party, and which suit or action is based on a claim or demand which gives rise to Vantage Wind Energy LLC's obligation pursuant to this section, the COUNTY shall promptly notify Vantage win-o rnergy LLC thereof, and Vantage wind Energy LLC shall, at its sole cost and expense, defend such suit or action by attorneys of its own election' ln defense of such suit or action, Vantage Wind Energy LLC may at its election and at its sole cost and expense, settle or compromise such suit or action' This section shall not be construed to require Vantage Wind Energy LLC to: (i) protect and save the COUNTY harmless from any claims, actions, or damages; (ii) settle or compromise any claim, demand, suit, or action; (iii) appear in or defend any suit or action; or, (iv) pay any judgment or reimburse the COUNTY's costs and expenses (including reaioniOte ittorney's fees), to the extent such claim arises oui of the negligenie in part or in whole by any negtigent act or omission or willful misconduct of ttre COUNTY. To the extent of any concurrent negligence between Vantage Wind Energy LLC and the COUNTY, Vantage Wind Energy LLC's obligations under thls paragraph shall only extend to its share of negligence or Vantage Wind Energy LLC 9 Franchise Agreement