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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 />