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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 />and agents and contractors of any tier to comply with applicable law or regulations of <br />federal, state or local governments; (c) the performance or failure to perform of the <br />District under this Agreement; and (d) any breach by District of any representation or <br />warranty made in this' Agreement. District is not required to hold harmless or <br />indemnify any Company Indemnified Person for any cost, expense, loss, claim or <br />liability to the extent caused by any Company Indemnified Person's negligence or <br />reckless misconduct. <br />14.2 General Liability Insurance. The Company shall obtain and maintain throughout <br />the Initial Term and any Renewal Terms of this Agreement at its expense the following insurance <br />coverage from insurers who are licensed in the State of Florida and have a current rating of B+ or <br />better in "Best's Key Rating Guide": <br />A. Workers' Compensation Insurance. Workers' compensation coverage must <br />be maintained in accordance with current statutory requirements; <br />B. Employer's Liability Insurance. Employer's liability coverage shall have a <br />minimum limit of liability of $100,000 per occurrence, $100,000 by disease, and <br />$500,000 aggregate by disease; <br />C. Liability Insurance. Commercial general liability insurance and automobile <br />liability shall have a minimum combined single limit of liability of $1,000,000 for <br />personal bodily injury, including, without limitation, death, and property damage. <br />D. Excess Coverage. Umbrella or excess liability coverage in the amount of <br />$2,000,000 shall be maintained. <br />14.3 Environmental Impairment Insurance. The Company shall procure environmental <br />impairment insurance prior to the LFG Commencement Date and Company shall maintain such <br />insurance in full force and effect at all times thereafter during the term of this Agreement. The <br />environmental impairment insurance shall provide coverage with minimum limits of $2,000,000 <br />per occurrence, if an occurrence form is available, or with a "claims made" form with "tail <br />coverage" extending three (3) years beyond the termination or expiration of this Agreement. Proof <br />of insurance shall be provided to the District at least fifteen (15) days before the LFG <br />Commencement Date. Proof of tail coverage shall be submitted with the Company's invoice for <br />its final payment. In lieu of tail coverage, the Company may submit annually to the District a <br />current certificate of insurance proving that claims made insurance remains in force throughout <br />the same three (3) year period. Such insurance shall provide coverage for pollution and <br />environmental remediation. The form and content of the insurance coverage, as well as the <br />financial stability of the company issuing the insurance, shall be subject to the prior review and <br />approval of the District. The District shall be added as a named insured on the insurance policy, <br />but only with regard to liability arising as a result of the District's delivery of LFG to the Facility <br />Site pursuant to this Agreement. <br />14.4 Proof of Financial Responsibility. The Company shall provide the District with an <br />25 <br />
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