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By RecycleTech : RecycleTech agrees to : <br /> a . Perform routine preventative maintenance and visually inspect the Extruding <br /> Machine every 6 months ; <br /> b . Provide advanced notice to Operator prior to any and all routine preventative <br /> maintenance; and <br /> c . Provide competent personnel , at RecycleTech 's expense to train Operator's <br /> personnel in the proper operation of the Extruding Machine; and <br /> d . . Assume responsibility and liability for the EPS material , once the EPS <br /> material leaves Operator's premises ; and <br /> e . Agrees to insure the EPS material cargo . <br /> 10. Indemnification . <br /> a . Operator agrees to and does herewith indemnify and hold RecycleTech <br /> harmless against all damages , debts , charges , claims , or liabilities ( including attorneys ' <br /> fees reasonably incurred by RecycleTech ) arising out of the breach of any <br /> representations and warranties made in this Agreement and/or default of any of the terms <br /> of this Agreement . <br /> b . RecycleTech agrees to and does here with indemnify and hold Operator <br /> harmless against all damages , debts , charges , claims , or liabilities ( including attorneys ' <br /> fees reasonably incurred by Operator) arising out of the breach of any representations <br /> and warranties made in this Agreement and/or default of any of the terms of this <br /> Agreement . <br /> 11 . Miscellaneous . <br /> a . This Agreement shall not be amended , modified , or supplemented unless by <br /> agreement in writing signed by both RecycleTech and Operator. <br /> b . This Agreement shall be governed by and construed in accordance with the <br /> laws of the State of Florida and venue for any litigation arising hereunder shall be Polk <br /> County, Florida . <br /> c. This Agreement shall not be construed so as to create rights in persons or <br /> entities other than Operator or RecycleTech , as third party beneficiaries or otherwise . <br /> d . The Recitals contained in the "Purpose of Agreement" are true and correct <br /> and are incorporated in this Agreement as part hereof. <br />