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( 1 ) the Company ' s Refusal of part or all of the Acceptable Waste delivered to the Facility
<br /> Site by the District, Contractors , Franchisees , and/or Residents on thirty ( 30) consecutive
<br /> days , and (2 ) the Company ' s failure to satisfy the requirements in Section 3 . 2 . G . 10 ,
<br /> above, concerning the use of LFG .
<br /> B . Remedies . In the event of a breach by a Party of any of its obligations
<br /> hereunder, the other Party shall have the rights specified herein, and any remedy to which
<br /> it is entitled at law or in equity for such breach, subject to Subsection 6 . 2 . C , below .
<br /> C . Exclusivity of Remedies . Neither Party shall be liable for or obligated to
<br /> pay punitive , consequential , special , incidental or indirect damages in connection with the
<br /> performance of this Agreement.
<br /> D . Survival of Obligations . Notwithstanding the expiration or the termination
<br /> of this Agreement pursuant to its terms , any duty or obligation of a Party which has not
<br /> been fully observed , performed and/or discharged and any right, unconditional or
<br /> conditional , which has been created for the benefit of a Party and which has not been
<br /> fully enjoyed, enforced and/or satisfied (including but not limited to the duties ,
<br /> obligations and rights , if any, with respect to secrecy, indemnity, warranty, and guaranty)
<br /> shall survive such expiration or termination until such duty or obligation has been fully
<br /> observed, performed or discharged and such right has been fully enjoyed, enforced and
<br /> satisfied.
<br /> ARTICLE VII
<br /> INDEMNIFICATION AND INSURANCE
<br /> Section 7 . 1 Indemnification
<br /> To the extent permitted by law Company shall defend, protect, hold harmless and
<br /> indemnify District, its Commissioners , directors , officers , employees , and agents and
<br /> contractors of any tier, or any of them (the "District Indemnified Persons " ) from and
<br /> against any cost, expense, loss , claim or liability whatsoever, including the cost of
<br /> attorneys ' fees and appeals , for injury to any person or loss or damage to any property
<br /> arising out of: (a) the negligence or wrongful misconduct of Company, its directors or
<br /> partners (as applicable) , officers , employees , other agents or contractors of any tier; (b)
<br /> the failure of or by Company, its directors or partners (as applicable) , officers ,
<br /> employees , other agents or contractors of any tier to comply with applicable law or
<br /> regulations of federal , state or local governments ; (c) the performance or failure to
<br /> perform of the Company under this Agreement; and (d) any breach by Company of any
<br /> representation or warranty made in this Agreement . Company is not required to hold
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