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2015-084
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2015-084
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Last modified
8/25/2017 3:01:19 PM
Creation date
2/15/2016 4:14:03 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/21/2015
Control Number
2015-084
Agenda Item Number
15.B.1.
Entity Name
Waste Management Inc. of Florida
Subject
Solid Waste and Recyclables Collection Franchise Agreement
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21.3. Assignment <br />21.3.1. Assignment <br />No assignment of this Agreement or any right occurring hereunder shall be made in whole or in <br />part by Franchisee without the express written consent of SWDD; in the event of any assignment, <br />assignee shall assume the liability of Franchisee. <br />21.3.2. Subcontracting <br />Franchisee acknowledges that the Board encourages the subcontracting to small businesses <br />portions of the services provided in this Agreement by Franchisee, providing that Franchisee <br />remains fully liable for the performance of all obligations under this Agreement during the term of <br />such subcontract. Franchisee shall require each subcontractor to procure and maintain until <br />completion of the subcontractor's services, all of the insurance specified in Article 20 Insurance of <br />this Agreement, unless the subcontractor's services are covered by the protection afforded by <br />Franchisee's insurance. <br />21.4. Severability <br />If any Article, sub article, sentence, clause or provision of this Agreement is held invalid, the remainder of <br />the Agreement shall not be affected. <br />21.5. Compliance with Laws and Regulations <br />Franchisee agrees that they will comply with all Federal, State, and Applicable Law, including OSHA, EPA, <br />and any other requirements that may apply, to the production, sale, and delivery of the goods or the <br />furnishing of any labor or services called for by this Agreement, and any provisions required thereby to be <br />included herein shall be deemed to be incorporated herein by reference. Noncompliance may be <br />considered grounds for termination of this Agreement. <br />21.6. Sovereign Immunity <br />SWDD reserves and does not waive any and all defenses provided to it by the laws of the State of Florida or <br />other Applicable Law, and specifically reserves and does not waive the defense of sovereign immunity. <br />21.7. Right to Require Performance <br />The failure of SWDD at any time to require performance by Franchisee of any provisions hereof, shall in no <br />way affect the right of SWDD thereafter to enforce same. Nor shall waiver by SWDD of any breach of any <br />provision hereof be taken or held to be a waiver of any succeeding breech of such provision or as a waiver <br />of and provision itself. <br />21.8. Modification <br />This Agreement constitutes the entire agreement and understanding between the parties hereto, and it <br />shall not be considered modified, altered, changed, or amended in any respect unless in writing and signed <br />by the parties hereto. <br />21.9. Reservation of Rights <br />SWDD hereby expressly reserves the right to amend this Agreement, which may be necessary or proper to <br />secure and protect the health, safety, moral, general welfare and accommodation of the public including, <br />but not limited to, amendments related to rates, and to protect the public from danger and inconvenience <br />in the management and operations of solid waste services business, and to provide such service as is <br />contemplated by this Agreement. <br />21.10. Independent Franchisee <br />It is understood and agreed that nothing herein contained is intended or should be construed as in any way <br />establishing the relationship of co-partners or a joint venture between the parties hereto or as constituting <br />Franchisee as an agent, representative or employee of SWDD for any purpose whatsoever. Franchisee is to <br />be, and shall remain, an independent contractor with respect to all services performed under this <br />Page 30 <br />
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