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2019-109C.1
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2019-109C.1
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Last modified
12/27/2019 1:57:18 PM
Creation date
11/18/2019 12:52:38 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/16/2019
Control Number
2019-109C.1
Agenda Item Number
15.B.4.
Entity Name
Indian River Eco District, LLC
Solid Waste Disposal District (SWDD)
Subject
Landfill Gas Agreement
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Final Version <br />damages. <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 <br />guaranty) shall survive such expiration or termination until such duty or obligation has <br />been fully observed, performed or discharged and such right has been fully enjoyed, <br />enforced and satisfied. <br />E. TERMINATION IN REGARDS TO F.S. 287.135: Company certifies that <br />it and those related entities of the Company as defined by Florida law are not on the <br />Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the <br />Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement <br />is for goods or services of one million dollars or more, Company certifies that it and <br />those related entities of the Company as defined above by Florida law are not on the <br />Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies <br />with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section <br />215.473 of the Florida Statutes and are not engaged in business operations in Cuba or <br />Syria. The District may terminate this Contract if the Company is found to have <br />submitted a false certification as provided under section 287.135(5), Florida Statutes, <br />been placed on the Scrutinized Companies with Activities in Sudan List or the <br />Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or <br />been engaged in business operations in Cuba or Syria, as defined by section 287.135, <br />Florida Statutes. The District may terminate this Contract if the Company, including <br />all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that <br />exist for the purpose of making profit is found to have been placed on the Scrutinized <br />Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in <br />section 215.4725, Florida Statutes. Each calendar year on or before January 15, the <br />Company will certify that they are in compliance with this term <br />13.3 Upon termination of the Company's right or obligation to receive LFG, as the case <br />may be, each Party shall within 60 days provide the other Party with a written claim for any <br />amounts that are due and owing under this Agreement. If a Party disputes any claim for payment, <br />a written objection must be filed with the other Party within thirty (30) days of receiving the claim. <br />The written objection must identify the specific reasons for the objection, and it must be <br />accompanied by full payment for all undisputed amounts. After an objection is filed, the Parties <br />shall initiate the dispute resolution process in this Agreement. <br />13.4 Notwithstanding any other provision contained in this Agreement, any Change in <br />Law of the County Government shall not entitle the District to obtain relief from the requirements <br />of this Agreement (e.g., by Force Majeure, termination or otherwise) based on that Change in Law. <br />23 <br />
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