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jst3t 4le3.w.z,-`f}.;i?+,�)�Ts>fpr( h71 1 rn4.L '_i.r "S.s'•.:k ME sii3"sry-w-2,''a Y) 4Z' . of any of its obligations under the Contract Documents specifying the nature of the default and the action required to cure such default, does not, within a period of five (5) days after such notice, proceed in accordance therewith and prosecute the same to conclusion with due diligence, then the County shall have the rights to enter upon the Class I Landfills and cure such default. Provided, however, that if the default is of such a nature that the failure to cure it immediately will result in the County's loss of the existing permit or will create a health or safety problem, then County shall have the right to enter upon the Landfills immediately and cure such default, but the County shall concurrently give notice thereof to Contractor. In any such case, the County shall have the right to offset any cost and expenses incurred in curing any such defaults against the payment to be made to the Contractor under the provisions of the Contract Documents or also against the Irrevocable Letter of Credit, as provided in Article 32. In addition, then the County may, after such event and without prejudice to any other right or remedy and after giving the Contractor and his Surety three (3) days' written notice, terminate the services of the Contractor and take possession of the landfill equipment, and of all materials, equipment, tools, and machinery thereon owned by the Contractor, and complete the Contract by whatever method the County may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Contract is completed; however, the County will reimburse the Contractor for the use of his equipment on a monthly basis. If the unpaid balance of the Contract price exceeds the direct and indirect costs of completing the Contract, including compensation for additional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor shall pay the difference to the County. Where the Contractor's services have been so terminated by the County, said termination shall not affect any rights of the County against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys by the County due to the Contractor will not release the Contractor from liability. ARTICLE 23 - PAYMENTS FOR CLASS I LANDFILL OPERATIONS AND MAINTENANCE Payments will be made to the "Contractor" on a monthly basis. The "Contractor" shall submit to the County on or before the 5th day of each month a request for payment covering solid waste disposed of in the landfills during the preceding month and accompanied by such data as the County may reasonably require. The County shall issue payment to the Contractor within 30 days from presentation to the County of request for payment. Payment for the Class I horizontal and vertical infill expansion and the partial closure of Segment II will be under a separate contract. In the event of breakdown of the scales at the landfill, payments shall be based on the average daily tonnage transported during the same month of the preceding year of operation or on any other method mutually agreed upon by the County and the Contractor. Payments for construction work in progress or work completed under the Construction Contract shall be paid in accordance with the terms and conditions identified in the Class I Landfill Infill Contract Forms and Specifications. GC -13 comfrrlipKyrqcsintknTirrrtr.71P.1!' :;..M747741' bp065E109.30A7