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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,
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