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Final Version <br />13.5 In the event that the respective obligations of the Parties to provide and accept LFG <br />are terminated in accordance with the provisions of this Agreement, unless the District agrees in <br />writing that these items can remain, the Company shall remove the above ground, and seal the <br />below ground, Company LFG Assets that are installed and located on the District's property within <br />one hundred eighty (180) days of the date of termination of such rights and restore the property to <br />its near original condition, ordinary wear and tear excepted. Company's right to access, occupy <br />and use the Interconnect Site and Delivery Point shall continue for the same time period provided <br />herein for Company to remove its Company LFG Assets. On or before the expiration of the <br />removal period, Company shall execute a written release of any easement that was granted by the <br />District pursuant to this Agreement. The only exception will be any LFG expansions that <br />Company paid for, which will not be removed but instead it will be deeded to the District at no <br />cost to the District. <br />13.6 Failure to pay annual Indian River County property taxes shall be a basis for the <br />District to terminate this Agreement if not cured within 30 days after receipt of written notice of <br />such failure from the District. <br />ARTICLE 14 - INDEMNIFICATION AND INSURANCE <br />14.1 Indemnification. <br />A. To the extent permitted by law Company shall defend, protect, hold <br />harmless and indemnify District, its commissioners, directors, officers, employees, and <br />agents and contractors (the "District Indemnified Persons") from and against any <br />cost, expense, loss, claim or liability whatsoever, including the cost of attorneys' fees <br />and appeals, for injury to any person or loss or damage to any property arising out of: <br />(a) the negligence or wrongful misconduct of Company, its directors or partners (as <br />applicable), officers, employees, other agents or contractors of any tier; (b) the failure <br />of or by Company, its directors or partners (as applicable), officers, employees, other <br />agents or contractors of any tier to comply with applicable law or regulations of federal, <br />state or local governments; (c) the performance or failure to perform of the Company <br />under this Agreement; and (d) any breach by Company of any representation or <br />warranty made in this Agreement. Company is not required to hold harmless or <br />indemnify any District Indemnified Person for any cost, expense, loss, claim or liability <br />to the extent caused by any District Indemnified Person's negligence or reckless <br />misconduct. <br />B. To the extent permitted by law the District shall defend, protect, hold <br />harmless and indemnify the Company, its directors or partners (as applicable), officers, <br />employees, other agents or contractors (the "Company Indemnified Persons") from <br />and 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 the District, its <br />commissioners, directors, officers, employees, and agents and contractors of any tier; <br />(b) the failure of or by the District, its commissioners, directors, officers, employees, <br />24 <br />