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2003-286
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2003-286
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Last modified
11/29/2016 11:20:48 AM
Creation date
9/30/2015 7:00:51 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/21/2003
Control Number
2003-286
Agenda Item Number
14.B.3
Entity Name
Perma-Fix of Orlando,Inc.
Subject
Hazard Waste management service agreeement
Archived Roll/Disk#
3208
Supplemental fields
SmeadsoftID
3473
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ordinances applicable to the Services to be performed under this Agreement; <br /> d . Contractor has all permits or approvals which are required for the Services and <br /> will furnish Customer, upon request, proof of all such permits and approvals ; <br /> and <br /> e . Containers supplied by Contractor shall be in conformance with any and all <br /> applicable laws, rules, regulations and orders insofar as is required for HHW <br /> meeting the description applicable to the HHW intended to be placed therein. <br /> Article 7 : DISTRICT REPRESENTATIONS AND WARRANTIES <br /> District represents and warrants that : <br /> a. District is and will remain in full compliance with all requirements of applicable <br /> laws , regulations and orders relating to the HHW ; <br /> b . District is under no legal restraint or order which would prohibit transfer of <br /> possession or title to the HHW it tenders to Contractor or prohibit the Services <br /> provided by Contractor related to such HHW; <br /> Article 8 : INDEMNIFICATION <br /> Contractor agrees to indemnify, hold harmless and defend the District from and <br /> against any and all liabilities, claims, penalties, forfeitures, suits, and the costs and expenses <br /> incident thereto (including costs of defense, settlement and reasonable lawyers ' fees, <br /> consultant or other professional fees and the reasonable costs of investigation, containment <br /> and cleanup and any remedial actions required by law, regulation or order, including the <br /> Comprehensive Environmental Response, Compensation and Liability Act of 1980 or <br /> comparable state superfund law) , which it may hereafter incur, become responsible for, or <br /> pay out as a result of death or bodily injury to any person, destruction or damage to any <br /> property, contamination of or adverse effects on the environment, or any violation of <br /> governmental laws, regulations or orders, to the extent that such damage was caused by : (i) <br /> Contractor's breach of any term or provision of this Agreement; (ii) the failure of any <br /> representation or warranty of Contractor to be true, accurate and complete ; or (iii) any <br /> negligent act or omission or willful misconduct of Contractor or its employees or agents . <br /> In no event shall either party be liable for any special, indirect, incidental or consequential <br /> damages, whether based in contract, warranty, indemnity or tort, negligence or strict <br /> liability. <br />
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