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(3) County shall not, to the extent consistent with applicable law, rule or regulation, divulge. communicate or use, to the detriment of the Contractor or for the benefit of any other person or persons, or misuse in any way, any confidential or sensitive information or trade secrets of the Contractor's business, including, but not limited to know-how, or other technical or financial data in conjunction with the landfills' operation; and (4) As of the date of the execution of this Contract, County has obtained all necessary land use approvals for the construction and operation of the landfills on the real estate and shall continue pursuit of all permits (and future modifications thereto), access rights, mineral rights, approvals, consents and rights-of-way from the State of Florida and other relevant authorities, to enable the Contractor, on behalf of the County, to develop, construct, operate, and maintain the Class I Landfills, pursuant to applicable law, regulation and the terms hereof. Such permits, including any and all amendments and modifications thereto, are hereby incorporated herein by this reference. When used herein, the term "applicable law" shall include all relevant federal, state and local law, regulation and/or the permit as same may be amended and modified hereunder. (5) As of the effective date that Contractor begins operations under the term of the Contract, the County shall have caused the Class I landfills to have been constructed in accordance with the provisions of each permit and in compliance with applicable laws and regulations. (6) To the best of its knowledge, the County has disclosed to the Contractor its knowledge of all facts, information and data necessary and pertinent to the real estate and the Class I Landfills, and to the best of its knowledge all of the representation and warranties contained in this Contract in any written statements and exhibits prepared in connection with this Contract are true and connect as of the date of execution hereof. h. Right to Terminate. In the event the volume at the County's landfills during any consecutive 12 -month period falls above or below the range of tonnage as specified in the bid form the County or the Contractor reserves the right to renegotiate payments to be made to the Contractor by the County. The price for an annual rate between 84,450 tons and 140,750 tons shall be based on the price in Bid Item No. 1 of the Bid form. In the event the parties are unable to reach agreement either party has the right to terminate the Contract in accordance with these conditions. Equipmcia. During the term of this Agreement, Contractor agrees to have on hand at the Class I Landfill sufficient equipment to do the Work as required by the FDEP approved operations plan. This includes minimum equipment as required by FDEP. Initially, Contractor will have on hand the equipment set forth on Page B-9 and thereafter, Contractor will have on hand such equipment or comparable equipment thereto of similar makes and models. GC -22 416666110.40.97 •